Sen. Celina Villanueva
Filed: 1/6/2025
 
 
 




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1
AMENDMENT TO HOUSE BILL 4144


2 AMENDMENT NO. ______. Amend House Bill 4144, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:

5 "Section 1. References to Act. This Act may be referred to 
6as Karina's Law.

7 Section 5. The Code of Criminal Procedure of 1963 is 
8amended by changing Section 112A-14 as follows:

9 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
10 Sec. 112A-14. Domestic violence order of protection; 
11remedies. 
12 (a) (Blank).
13 (b) The court may order any of the remedies listed in this 
14subsection (b). The remedies listed in this subsection (b) 
15shall be in addition to other civil or criminal remedies 
 
 
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1available to petitioner.
2  (1) Prohibition of abuse. Prohibit respondent's 
3 harassment, interference with personal liberty, 
4 intimidation of a dependent, physical abuse, or willful 
5 deprivation, as defined in this Article, if such abuse has 
6 occurred or otherwise appears likely to occur if not 
7 prohibited.
8  (2) Grant of exclusive possession of residence. 
9 Prohibit respondent from entering or remaining in any 
10 residence, household, or premises of the petitioner, 
11 including one owned or leased by respondent, if petitioner 
12 has a right to occupancy thereof. The grant of exclusive 
13 possession of the residence, household, or premises shall 
14 not affect title to real property, nor shall the court be 
15 limited by the standard set forth in subsection (c-2) of 
16 Section 501 of the Illinois Marriage and Dissolution of 
17 Marriage Act.
18   (A) Right to occupancy. A party has a right to 
19 occupancy of a residence or household if it is solely 
20 or jointly owned or leased by that party, that party's 
21 spouse, a person with a legal duty to support that 
22 party or a minor child in that party's care, or by any 
23 person or entity other than the opposing party that 
24 authorizes that party's occupancy (e.g., a domestic 
25 violence shelter). Standards set forth in subparagraph 
26 (B) shall not preclude equitable relief.
 
 
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1   (B) Presumption of hardships. If petitioner and 
2 respondent each has the right to occupancy of a 
3 residence or household, the court shall balance (i) 
4 the hardships to respondent and any minor child or 
5 dependent adult in respondent's care resulting from 
6 entry of this remedy with (ii) the hardships to 
7 petitioner and any minor child or dependent adult in 
8 petitioner's care resulting from continued exposure to 
9 the risk of abuse (should petitioner remain at the 
10 residence or household) or from loss of possession of 
11 the residence or household (should petitioner leave to 
12 avoid the risk of abuse). When determining the balance 
13 of hardships, the court shall also take into account 
14 the accessibility of the residence or household. 
15 Hardships need not be balanced if respondent does not 
16 have a right to occupancy.
17   The balance of hardships is presumed to favor 
18 possession by petitioner unless the presumption is 
19 rebutted by a preponderance of the evidence, showing 
20 that the hardships to respondent substantially 
21 outweigh the hardships to petitioner and any minor 
22 child or dependent adult in petitioner's care. The 
23 court, on the request of petitioner or on its own 
24 motion, may order respondent to provide suitable, 
25 accessible, alternate housing for petitioner instead 
26 of excluding respondent from a mutual residence or 
 
 
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1 household.
2  (3) Stay away order and additional prohibitions. Order 
3 respondent to stay away from petitioner or any other 
4 person protected by the domestic violence order of 
5 protection, or prohibit respondent from entering or 
6 remaining present at petitioner's school, place of 
7 employment, or other specified places at times when 
8 petitioner is present, or both, if reasonable, given the 
9 balance of hardships. Hardships need not be balanced for 
10 the court to enter a stay away order or prohibit entry if 
11 respondent has no right to enter the premises.
12   (A) If a domestic violence order of protection 
13 grants petitioner exclusive possession of the 
14 residence, prohibits respondent from entering the 
15 residence, or orders respondent to stay away from 
16 petitioner or other protected persons, then the court 
17 may allow respondent access to the residence to remove 
18 items of clothing and personal adornment used 
19 exclusively by respondent, medications, and other 
20 items as the court directs. The right to access shall 
21 be exercised on only one occasion as the court directs 
22 and in the presence of an agreed-upon adult third 
23 party or law enforcement officer.
24   (B) When the petitioner and the respondent attend 
25 the same public, private, or non-public elementary, 
26 middle, or high school, the court when issuing a 
 
 
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1 domestic violence order of protection and providing 
2 relief shall consider the severity of the act, any 
3 continuing physical danger or emotional distress to 
4 the petitioner, the educational rights guaranteed to 
5 the petitioner and respondent under federal and State 
6 law, the availability of a transfer of the respondent 
7 to another school, a change of placement or a change of 
8 program of the respondent, the expense, difficulty, 
9 and educational disruption that would be caused by a 
10 transfer of the respondent to another school, and any 
11 other relevant facts of the case. The court may order 
12 that the respondent not attend the public, private, or 
13 non-public elementary, middle, or high school attended 
14 by the petitioner, order that the respondent accept a 
15 change of placement or change of program, as 
16 determined by the school district or private or 
17 non-public school, or place restrictions on the 
18 respondent's movements within the school attended by 
19 the petitioner. The respondent bears the burden of 
20 proving by a preponderance of the evidence that a 
21 transfer, change of placement, or change of program of 
22 the respondent is not available. The respondent also 
23 bears the burden of production with respect to the 
24 expense, difficulty, and educational disruption that 
25 would be caused by a transfer of the respondent to 
26 another school. A transfer, change of placement, or 
 
 
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1 change of program is not unavailable to the respondent 
2 solely on the ground that the respondent does not 
3 agree with the school district's or private or 
4 non-public school's transfer, change of placement, or 
5 change of program or solely on the ground that the 
6 respondent fails or refuses to consent or otherwise 
7 does not take an action required to effectuate a 
8 transfer, change of placement, or change of program. 
9 When a court orders a respondent to stay away from the 
10 public, private, or non-public school attended by the 
11 petitioner and the respondent requests a transfer to 
12 another attendance center within the respondent's 
13 school district or private or non-public school, the 
14 school district or private or non-public school shall 
15 have sole discretion to determine the attendance 
16 center to which the respondent is transferred. If the 
17 court order results in a transfer of the minor 
18 respondent to another attendance center, a change in 
19 the respondent's placement, or a change of the 
20 respondent's program, the parents, guardian, or legal 
21 custodian of the respondent is responsible for 
22 transportation and other costs associated with the 
23 transfer or change.
24   (C) The court may order the parents, guardian, or 
25 legal custodian of a minor respondent to take certain 
26 actions or to refrain from taking certain actions to 
 
 
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1 ensure that the respondent complies with the order. If 
2 the court orders a transfer of the respondent to 
3 another school, the parents, guardian, or legal 
4 custodian of the respondent is responsible for 
5 transportation and other costs associated with the 
6 change of school by the respondent. 
7  (4) Counseling. Require or recommend the respondent to 
8 undergo counseling for a specified duration with a social 
9 worker, psychologist, clinical psychologist, 
10 psychiatrist, family service agency, alcohol or substance 
11 abuse program, mental health center guidance counselor, 
12 agency providing services to elders, program designed for 
13 domestic violence abusers, or any other guidance service 
14 the court deems appropriate. The court may order the 
15 respondent in any intimate partner relationship to report 
16 to an Illinois Department of Human Services protocol 
17 approved partner abuse intervention program for an 
18 assessment and to follow all recommended treatment. 
19  (5) Physical care and possession of the minor child. 
20 In order to protect the minor child from abuse, neglect, 
21 or unwarranted separation from the person who has been the 
22 minor child's primary caretaker, or to otherwise protect 
23 the well-being of the minor child, the court may do either 
24 or both of the following: (i) grant petitioner physical 
25 care or possession of the minor child, or both, or (ii) 
26 order respondent to return a minor child to, or not remove 
 
 
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1 a minor child from, the physical care of a parent or person 
2 in loco parentis.
3  If the respondent is charged with abuse (as defined in 
4 Section 112A-3 of this Code) of a minor child, there shall 
5 be a rebuttable presumption that awarding physical care to 
6 respondent would not be in the minor child's best 
7 interest.
8  (6) Temporary allocation of parental responsibilities 
9 and significant decision-making responsibilities. Award 
10 temporary significant decision-making responsibility to 
11 petitioner in accordance with this Section, the Illinois 
12 Marriage and Dissolution of Marriage Act, the Illinois 
13 Parentage Act of 2015, and this State's Uniform 
14 Child-Custody Jurisdiction and Enforcement Act. 
15  If the respondent is charged with abuse (as defined in 
16 Section 112A-3 of this Code) of a minor child, there shall 
17 be a rebuttable presumption that awarding temporary 
18 significant decision-making responsibility to respondent 
19 would not be in the child's best interest.
20  (7) Parenting time. Determine the parenting time, if 
21 any, of respondent in any case in which the court awards 
22 physical care or temporary significant decision-making 
23 responsibility of a minor child to petitioner. The court 
24 shall restrict or deny respondent's parenting time with a 
25 minor child if the court finds that respondent has done or 
26 is likely to do any of the following:
 
 
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1   (i) abuse or endanger the minor child during 
2 parenting time;
3   (ii) use the parenting time as an opportunity to 
4 abuse or harass petitioner or petitioner's family or 
5 household members;
6   (iii) improperly conceal or detain the minor 
7 child; or
8   (iv) otherwise act in a manner that is not in the 
9 best interests of the minor child. 
10  The court shall not be limited by the standards set 
11 forth in Section 603.10 of the Illinois Marriage and 
12 Dissolution of Marriage Act. If the court grants parenting 
13 time, the order shall specify dates and times for the 
14 parenting time to take place or other specific parameters 
15 or conditions that are appropriate. No order for parenting 
16 time shall refer merely to the term "reasonable parenting 
17 time". Petitioner may deny respondent access to the minor 
18 child if, when respondent arrives for parenting time, 
19 respondent is under the influence of drugs or alcohol and 
20 constitutes a threat to the safety and well-being of 
21 petitioner or petitioner's minor children or is behaving 
22 in a violent or abusive manner. If necessary to protect 
23 any member of petitioner's family or household from future 
24 abuse, respondent shall be prohibited from coming to 
25 petitioner's residence to meet the minor child for 
26 parenting time, and the petitioner and respondent shall 
 
 
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1 submit to the court their recommendations for reasonable 
2 alternative arrangements for parenting time. A person may 
3 be approved to supervise parenting time only after filing 
4 an affidavit accepting that responsibility and 
5 acknowledging accountability to the court.
6  (8) Removal or concealment of minor child. Prohibit 
7 respondent from removing a minor child from the State or 
8 concealing the child within the State.
9  (9) Order to appear. Order the respondent to appear in 
10 court, alone or with a minor child, to prevent abuse, 
11 neglect, removal or concealment of the child, to return 
12 the child to the custody or care of the petitioner, or to 
13 permit any court-ordered interview or examination of the 
14 child or the respondent.
15  (10) Possession of personal property. Grant petitioner 
16 exclusive possession of personal property and, if 
17 respondent has possession or control, direct respondent to 
18 promptly make it available to petitioner, if:
19   (i) petitioner, but not respondent, owns the 
20 property; or
21   (ii) the petitioner and respondent own the 
22 property jointly; sharing it would risk abuse of 
23 petitioner by respondent or is impracticable; and the 
24 balance of hardships favors temporary possession by 
25 petitioner.
26  If petitioner's sole claim to ownership of the 
 
 
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1 property is that it is marital property, the court may 
2 award petitioner temporary possession thereof under the 
3 standards of subparagraph (ii) of this paragraph only if a 
4 proper proceeding has been filed under the Illinois 
5 Marriage and Dissolution of Marriage Act, as now or 
6 hereafter amended.
7  No order under this provision shall affect title to 
8 property.
9  (11) Protection of property. Forbid the respondent 
10 from taking, transferring, encumbering, concealing, 
11 damaging, or otherwise disposing of any real or personal 
12 property, except as explicitly authorized by the court, 
13 if:
14   (i) petitioner, but not respondent, owns the 
15 property; or
16   (ii) the petitioner and respondent own the 
17 property jointly, and the balance of hardships favors 
18 granting this remedy.
19  If petitioner's sole claim to ownership of the 
20 property is that it is marital property, the court may 
21 grant petitioner relief under subparagraph (ii) of this 
22 paragraph only if a proper proceeding has been filed under 
23 the Illinois Marriage and Dissolution of Marriage Act, as 
24 now or hereafter amended.
25  The court may further prohibit respondent from 
26 improperly using the financial or other resources of an 
 
 
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1 aged member of the family or household for the profit or 
2 advantage of respondent or of any other person.
3  (11.5) Protection of animals. Grant the petitioner the 
4 exclusive care, custody, or control of any animal owned, 
5 possessed, leased, kept, or held by either the petitioner 
6 or the respondent or a minor child residing in the 
7 residence or household of either the petitioner or the 
8 respondent and order the respondent to stay away from the 
9 animal and forbid the respondent from taking, 
10 transferring, encumbering, concealing, harming, or 
11 otherwise disposing of the animal. 
12  (12) Order for payment of support. Order respondent to 
13 pay temporary support for the petitioner or any child in 
14 the petitioner's care or over whom the petitioner has been 
15 allocated parental responsibility, when the respondent has 
16 a legal obligation to support that person, in accordance 
17 with the Illinois Marriage and Dissolution of Marriage 
18 Act, which shall govern, among other matters, the amount 
19 of support, payment through the clerk and withholding of 
20 income to secure payment. An order for child support may 
21 be granted to a petitioner with lawful physical care of a 
22 child, or an order or agreement for physical care of a 
23 child, prior to entry of an order allocating significant 
24 decision-making responsibility. Such a support order shall 
25 expire upon entry of a valid order allocating parental 
26 responsibility differently and vacating petitioner's 
 
 
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1 significant decision-making responsibility unless 
2 otherwise provided in the order.
3  (13) Order for payment of losses. Order respondent to 
4 pay petitioner for losses suffered as a direct result of 
5 the abuse. Such losses shall include, but not be limited 
6 to, medical expenses, lost earnings or other support, 
7 repair or replacement of property damaged or taken, 
8 reasonable attorney's fees, court costs, and moving or 
9 other travel expenses, including additional reasonable 
10 expenses for temporary shelter and restaurant meals.
11   (i) Losses affecting family needs. If a party is 
12 entitled to seek maintenance, child support, or 
13 property distribution from the other party under the 
14 Illinois Marriage and Dissolution of Marriage Act, as 
15 now or hereafter amended, the court may order 
16 respondent to reimburse petitioner's actual losses, to 
17 the extent that such reimbursement would be 
18 "appropriate temporary relief", as authorized by 
19 subsection (a)(3) of Section 501 of that Act.
20   (ii) Recovery of expenses. In the case of an 
21 improper concealment or removal of a minor child, the 
22 court may order respondent to pay the reasonable 
23 expenses incurred or to be incurred in the search for 
24 and recovery of the minor child, including, but not 
25 limited to, legal fees, court costs, private 
26 investigator fees, and travel costs.
 
 
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1  (14) Prohibition of entry. Prohibit the respondent 
2 from entering or remaining in the residence or household 
3 while the respondent is under the influence of alcohol or 
4 drugs and constitutes a threat to the safety and 
5 well-being of the petitioner or the petitioner's children.
6  (14.5) Prohibition of possession of firearms and 
7 firearm parts; search and seizure of firearms and firearm 
8 parts firearm possession. 
9   (A) Subject to the provisions of subparagraph 
10 (B-2), if applicable, a A person who is subject to an 
11 existing domestic violence order of protection issued 
12 under this Code may not lawfully possess firearms or 
13 firearm parts that could be assembled to make an 
14 operable firearm weapons or a Firearm Owner's 
15 Identification Card under Section 8.2 of the Firearm 
16 Owners Identification Card Act.
17   (B) Any firearms in the possession of the 
18 respondent, except as provided in subparagraph (C) of 
19 this paragraph (14.5) and subject to the provisions of 
20 subparagraph (B-2), if applicable, shall be ordered by 
21 the court to be surrendered to law enforcement turned 
22 over to a person with a valid Firearm Owner's 
23 Identification Card for safekeeping. Any firearms or 
24 firearm parts on the respondent's person or at the 
25 place of service shall be immediately surrendered to 
26 the serving officers at the time of service of the 
 
 
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1 order of protection, and any other firearms or firearm 
2 parts shall be surrendered to local law enforcement 
3 within 24 hours of service of the order of protection. 
4 Any Firearm Owner's Identification Card or Concealed 
5 Carry License in the possession of the respondent, 
6 except as provided in subparagraph (C), shall also be 
7 ordered by the court to be turned over to serving 
8 officers at the time of service of the order of 
9 protection or, if not on the respondent's person or at 
10 the location where the respondent is served at the 
11 time of service, to local law enforcement within 24 
12 hours of service of the order. The law enforcement 
13 agency shall immediately mail the card, as well as any 
14 license, to the Illinois State Police Firearm Owner's 
15 Identification Card Office for safekeeping. The court 
16 shall issue an order that the respondent comply with 
17 Section 9.5 of the Firearm Owners Identification Card 
18 Act. 
19   (B-1) Upon request of the petitioner or the 
20 State's Attorney on behalf of the petitioner, a law 
21 enforcement officer may seek a search warrant based on 
22 the allegations in the petition for the Order of 
23 Protection. 
24    (i) If requested by law enforcement, the court 
25 shall issue a search warrant for the seizure of 
26 any firearms or firearm parts that could be 
 
 
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1 assembled to make an operable firearm belonging to 
2 the respondent at or after entry of an order of 
3 protection if the court, based upon sworn 
4 testimony and governed by Sections 108-3 and 
5 108-4, finds probable cause exists that: 
6     (aa) the respondent poses an immediate and 
7 present credible threat to the physical safety 
8 of the petitioner protected by the order of 
9 protection; 
10     (bb) the respondent possesses firearms or 
11 firearm parts that could be assembled to make 
12 an operable firearm; and
13     (cc) the firearms or firearm parts that 
14 could be assembled to make an operable firearm 
15 are located at the residence, vehicle, or 
16 other property of the respondent to be 
17 searched. 
18    (ii) The search warrant shall specify with 
19 particularity the scope of the search, including 
20 the property to be searched, and shall direct the 
21 law enforcement agency to seize the respondent's 
22 firearms and firearm parts that could be assembled 
23 to make an operable firearm. Law enforcement shall 
24 also be directed to seize into their possession 
25 any Firearm Owner's Identification Card and any 
26 Concealed Carry License belonging to the 
 
 
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1 respondent. 
2    (iii) The law enforcement agency to which the 
3 court has directed the warrant shall execute the 
4 warrant no later than 96 hours after issuance. The 
5 law enforcement agency to which the court has 
6 directed the warrant may coordinate with other law 
7 enforcement agencies to execute the warrant. A 
8 return of the warrant shall be filed by the law 
9 enforcement agency within 24 hours of execution, 
10 setting forth the time, date, and location where 
11 the warrant was executed and what items, if any, 
12 were seized. If the court is not in session, the 
13 return information shall be returned on the next 
14 date the court is in session. Subject to the 
15 provisions of this Section, peace officers shall 
16 have the same authority to execute a warrant 
17 issued under this subsection as a warrant issued 
18 under Article 108.
19    (iv) If the property to be searched is in 
20 another county, the petitioner or the State's 
21 Attorney may seek a search warrant in that county 
22 with the law enforcement agency with primary 
23 responsibility for responding to service calls at 
24 the property to be searched. Regardless of whether 
25 the petitioner is working with the State's 
26 Attorney under subsection (d) of Section 112A-4.5, 
 
 
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1 the petitioner may request the State's Attorney's 
2 assistance to request that the law enforcement 
3 agency in the county where the property is located 
4 seek a search warrant.
5    (v) Service of an order of protection shall, 
6 to the extent possible, be concurrent with any 
7 warrant issued under this paragraph.
8   (B-2) Ex parte relief may be granted under this 
9 paragraph (14.5) only if the court finds that personal 
10 injury to the petitioner is likely to occur if the 
11 respondent received prior notice and if the petitioner 
12 has otherwise satisfied the requirements of Section 
13 112A-17.5 of this Article. 
14   (C) If the respondent is a peace officer as 
15 defined in Section 2-13 of the Criminal Code of 2012, 
16 the court shall order that any firearms used by the 
17 respondent in the performance of his or her duties as a 
18 peace officer be surrendered to the chief law 
19 enforcement executive of the agency in which the 
20 respondent is employed, who shall retain the firearms 
21 for safekeeping for the duration of the domestic 
22 violence order of protection.
23   (D)(i) Any firearms or firearm parts that could be 
24 assembled to make an operable firearm that have been 
25 seized or surrendered shall be kept by the law 
26 enforcement agency that took possession of the items 
 
 
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1 for safekeeping, except as provided in subparagraph 
2 (C), (E), or (F). The period of safekeeping shall be 
3 for the duration of the order of protection. Except as 
4 provided in subparagraph (F), the respondent is 
5 prohibited from transferring firearms or firearm parts 
6 to another individual in lieu of surrender to law 
7 enforcement. The law enforcement agency shall provide 
8 an itemized statement of receipt to the respondent and 
9 the court describing any seized or surrendered 
10 firearms or firearm parts and informing the respondent 
11 that the respondent may seek the return of the 
12 respondent's items at the end of the order of 
13 protection. The law enforcement agency may enter 
14 arrangements, as needed, with federally licensed 
15 firearm dealers or other law enforcement agencies for 
16 the storage of any firearms seized or surrendered 
17 under this subsection.
18   (ii) It is the respondent's responsibility to 
19 request the return or reinstatement of any Firearm 
20 Owner's Identification Card or Concealed Carry License 
21 and to notify the Illinois State Police Firearm 
22 Owner's Identification Card Office at the end of the 
23 Order of Protection.
24   (iii) At the end of the order of protection, a 
25 respondent may request the return of any seized or 
26 surrendered firearms or firearm parts that could be 
 
 
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1 assembled to make an operable firearm. Seized or 
2 surrendered firearms or firearm parts shall be 
3 returned within 14 days of the request to the 
4 respondent, if the respondent is lawfully eligible to 
5 possess firearms, or to a designated third party who 
6 is lawfully eligible to possess firearms. If Upon 
7 expiration of the period of safekeeping, if the 
8 firearms or firearm parts or Firearm Owner's 
9 Identification Card cannot be returned to respondent 
10 because (1) the respondent has not requested the 
11 return or transfer of the firearms or firearm parts as 
12 set forth in this subparagraph and (2) the respondent 
13 cannot be located or , fails to respond to more than 3 
14 requests to retrieve the firearms, or is not lawfully 
15 eligible to possess a firearm, upon petition from the 
16 appropriate local law enforcement agency and notice to 
17 the respondent at the respondent's last known address, 
18 the court may order the local law enforcement agency 
19 to destroy the firearms or firearm parts; , use the 
20 firearms or firearm parts for training purposes, or 
21 for any other application as deemed appropriate by the 
22 local law enforcement agency; or turn that the 
23 firearms be turned over the firearms or firearm parts 
24 to a third party who is lawfully eligible to possess 
25 firearms, and who does not reside with respondent. 
26   (E)(i) If a person other than the respondent 
 
 
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1 claims title to any firearms or firearm parts that 
2 could be assembled to make an operable firearm seized 
3 or surrendered under this subsection, the person may 
4 petition the court to have the firearm and firearm 
5 parts that could be assembled to make an operable 
6 firearm returned to him or her with proper notice to 
7 the petitioner and respondent. If, at a hearing on the 
8 petition, the court determines the person to be the 
9 lawful owner of the firearm and firearm parts that 
10 could be assembled to make an operable firearm, the 
11 firearm and firearm parts that could be assembled to 
12 make an operable firearm shall be returned to the 
13 person, provided that: 
14    (aa) the firearm and firearm parts that could 
15 be assembled to make an operable firearm are 
16 removed from the respondent's custody, control, or 
17 possession, and the lawful owner agrees to store 
18 the firearm and firearm parts that could be 
19 assembled to make an operable firearm in a manner 
20 such that the respondent does not have access to 
21 or control of the firearm and firearm parts that 
22 could be assembled to make an operable firearm; 
23 and 
24    (bb) the firearm and firearm parts that could 
25 be assembled to make an operable firearm are not 
26 otherwise unlawfully possessed by the owner. 
 
 
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1   (ii) The person petitioning for the return of his 
2 or her firearm and firearm parts that could be 
3 assembled to make an operable firearm must swear or 
4 affirm by affidavit that he or she:
5    (aa) is the lawful owner of the firearm and 
6 firearm parts that could be assembled to make an 
7 operable firearm;
8    (bb) shall not transfer the firearm and 
9 firearm parts that could be assembled to make an 
10 operable firearm to the respondent; and
11    (cc) will store the firearm and firearm parts 
12 that could be assembled to make an operable 
13 firearm in a manner that the respondent does not 
14 have access to or control of the firearm and 
15 firearm parts that could be assembled to make an 
16 operable firearm. 
17   (F)(i) The respondent may file a motion to 
18 transfer, at the next scheduled hearing, any seized or 
19 surrendered firearms or firearm parts to a third 
20 party. Notice of the motion shall be provided to the 
21 petitioner and the third party must appear at the 
22 hearing. 
23   (ii) The court may order transfer of the seized or 
24 surrendered firearm or firearm parts only if:
25    (aa) the third party transferee affirms by 
26 affidavit to the open court that: 
 
 
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1     (I) the third party transferee does not 
2 reside with the respondent; 
3     (II) the respondent does not have access 
4 to the location in which the third party 
5 transferee intends to keep the firearms or 
6 firearm parts; 
7     (III) the third party transferee will not 
8 transfer the firearm or firearm parts to the 
9 respondent or anyone who resides with the 
10 respondent; 
11     (IV) the third party transferee will 
12 maintain control and possession of the firearm 
13 or firearm parts until otherwise ordered by 
14 the court; and 
15     (V) the third party transferee will be 
16 subject to criminal penalties for transferring 
17 the firearms or firearm parts to the 
18 respondent; and 
19    (bb) the court finds that: 
20     (I) the respondent holds a valid Firearm 
21 Owner's Identification; and
22     (II) the transfer of firearms or firearm 
23 parts to the third party transferee does not 
24 place the petitioner or any other protected 
25 parties at any additional threat or risk of 
26 harm. 
 
 
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1  (15) Prohibition of access to records. If a domestic 
2 violence order of protection prohibits respondent from 
3 having contact with the minor child, or if petitioner's 
4 address is omitted under subsection (b) of Section 112A-5 
5 of this Code, or if necessary to prevent abuse or wrongful 
6 removal or concealment of a minor child, the order shall 
7 deny respondent access to, and prohibit respondent from 
8 inspecting, obtaining, or attempting to inspect or obtain, 
9 school or any other records of the minor child who is in 
10 the care of petitioner.
11  (16) Order for payment of shelter services. Order 
12 respondent to reimburse a shelter providing temporary 
13 housing and counseling services to the petitioner for the 
14 cost of the services, as certified by the shelter and 
15 deemed reasonable by the court.
16  (17) Order for injunctive relief. Enter injunctive 
17 relief necessary or appropriate to prevent further abuse 
18 of a family or household member or to effectuate one of the 
19 granted remedies, if supported by the balance of 
20 hardships. If the harm to be prevented by the injunction 
21 is abuse or any other harm that one of the remedies listed 
22 in paragraphs (1) through (16) of this subsection is 
23 designed to prevent, no further evidence is necessary to 
24 establish that the harm is an irreparable injury.
25  (18) Telephone services.
26   (A) Unless a condition described in subparagraph 
 
 
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1 (B) of this paragraph exists, the court may, upon 
2 request by the petitioner, order a wireless telephone 
3 service provider to transfer to the petitioner the 
4 right to continue to use a telephone number or numbers 
5 indicated by the petitioner and the financial 
6 responsibility associated with the number or numbers, 
7 as set forth in subparagraph (C) of this paragraph. In 
8 this paragraph (18), the term "wireless telephone 
9 service provider" means a provider of commercial 
10 mobile service as defined in 47 U.S.C. 332. The 
11 petitioner may request the transfer of each telephone 
12 number that the petitioner, or a minor child in his or 
13 her custody, uses. The clerk of the court shall serve 
14 the order on the wireless telephone service provider's 
15 agent for service of process provided to the Illinois 
16 Commerce Commission. The order shall contain all of 
17 the following: 
18    (i) The name and billing telephone number of 
19 the account holder including the name of the 
20 wireless telephone service provider that serves 
21 the account.
22    (ii) Each telephone number that will be 
23 transferred.
24    (iii) A statement that the provider transfers 
25 to the petitioner all financial responsibility for 
26 and right to the use of any telephone number 
 
 
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1 transferred under this paragraph.
2   (B) A wireless telephone service provider shall 
3 terminate the respondent's use of, and shall transfer 
4 to the petitioner use of, the telephone number or 
5 numbers indicated in subparagraph (A) of this 
6 paragraph unless it notifies the petitioner, within 72 
7 hours after it receives the order, that one of the 
8 following applies:
9    (i) The account holder named in the order has 
10 terminated the account.
11    (ii) A difference in network technology would 
12 prevent or impair the functionality of a device on 
13 a network if the transfer occurs.
14    (iii) The transfer would cause a geographic or 
15 other limitation on network or service provision 
16 to the petitioner.
17    (iv) Another technological or operational 
18 issue would prevent or impair the use of the 
19 telephone number if the transfer occurs.
20   (C) The petitioner assumes all financial 
21 responsibility for and right to the use of any 
22 telephone number transferred under this paragraph. In 
23 this paragraph, "financial responsibility" includes 
24 monthly service costs and costs associated with any 
25 mobile device associated with the number.
26   (D) A wireless telephone service provider may 
 
 
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1 apply to the petitioner its routine and customary 
2 requirements for establishing an account or 
3 transferring a number, including requiring the 
4 petitioner to provide proof of identification, 
5 financial information, and customer preferences.
6   (E) Except for willful or wanton misconduct, a 
7 wireless telephone service provider is immune from 
8 civil liability for its actions taken in compliance 
9 with a court order issued under this paragraph.
10   (F) All wireless service providers that provide 
11 services to residential customers shall provide to the 
12 Illinois Commerce Commission the name and address of 
13 an agent for service of orders entered under this 
14 paragraph (18). Any change in status of the registered 
15 agent must be reported to the Illinois Commerce 
16 Commission within 30 days of such change. 
17   (G) The Illinois Commerce Commission shall 
18 maintain the list of registered agents for service for 
19 each wireless telephone service provider on the 
20 Commission's website. The Commission may consult with 
21 wireless telephone service providers and the Circuit 
22 Court Clerks on the manner in which this information 
23 is provided and displayed. 
24 (c) Relevant factors; findings.
25  (1) In determining whether to grant a specific remedy, 
26 other than payment of support, the court shall consider 
 
 
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1 relevant factors, including, but not limited to, the 
2 following:
3   (i) the nature, frequency, severity, pattern, and 
4 consequences of the respondent's past abuse of the 
5 petitioner or any family or household member, 
6 including the concealment of his or her location in 
7 order to evade service of process or notice, and the 
8 likelihood of danger of future abuse to petitioner or 
9 any member of petitioner's or respondent's family or 
10 household; and
11   (ii) the danger that any minor child will be 
12 abused or neglected or improperly relocated from the 
13 jurisdiction, improperly concealed within the State, 
14 or improperly separated from the child's primary 
15 caretaker.
16  (2) In comparing relative hardships resulting to the 
17 parties from loss of possession of the family home, the 
18 court shall consider relevant factors, including, but not 
19 limited to, the following:
20   (i) availability, accessibility, cost, safety, 
21 adequacy, location, and other characteristics of 
22 alternate housing for each party and any minor child 
23 or dependent adult in the party's care;
24   (ii) the effect on the party's employment; and
25   (iii) the effect on the relationship of the party, 
26 and any minor child or dependent adult in the party's 
 
 
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1 care, to family, school, church, and community.
2  (3) Subject to the exceptions set forth in paragraph 
3 (4) of this subsection (c), the court shall make its 
4 findings in an official record or in writing, and shall at 
5 a minimum set forth the following:
6   (i) That the court has considered the applicable 
7 relevant factors described in paragraphs (1) and (2) 
8 of this subsection (c).
9   (ii) Whether the conduct or actions of respondent, 
10 unless prohibited, will likely cause irreparable harm 
11 or continued abuse.
12   (iii) Whether it is necessary to grant the 
13 requested relief in order to protect petitioner or 
14 other alleged abused persons.
15  (4) (Blank).
16  (5) Never married parties. No rights or 
17 responsibilities for a minor child born outside of 
18 marriage attach to a putative father until a father and 
19 child relationship has been established under the Illinois 
20 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
21 the Illinois Public Aid Code, Section 12 of the Vital 
22 Records Act, the Juvenile Court Act of 1987, the Probate 
23 Act of 1975, the Uniform Interstate Family Support Act, 
24 the Expedited Child Support Act of 1990, any judicial, 
25 administrative, or other act of another state or 
26 territory, any other statute of this State, or by any 
 
 
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1 foreign nation establishing the father and child 
2 relationship, any other proceeding substantially in 
3 conformity with the federal Personal Responsibility and 
4 Work Opportunity Reconciliation Act of 1996, or when both 
5 parties appeared in open court or at an administrative 
6 hearing acknowledging under oath or admitting by 
7 affirmation the existence of a father and child 
8 relationship. Absent such an adjudication, no putative 
9 father shall be granted temporary allocation of parental 
10 responsibilities, including parenting time with the minor 
11 child, or physical care and possession of the minor child, 
12 nor shall an order of payment for support of the minor 
13 child be entered.
14 (d) Balance of hardships; findings. If the court finds 
15that the balance of hardships does not support the granting of 
16a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
17subsection (b) of this Section, which may require such 
18balancing, the court's findings shall so indicate and shall 
19include a finding as to whether granting the remedy will 
20result in hardship to respondent that would substantially 
21outweigh the hardship to petitioner from denial of the remedy. 
22The findings shall be an official record or in writing.
23 (e) Denial of remedies. Denial of any remedy shall not be 
24based, in whole or in part, on evidence that:
25  (1) respondent has cause for any use of force, unless 
26 that cause satisfies the standards for justifiable use of 
 
 
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1 force provided by Article 7 of the Criminal Code of 2012;
2  (2) respondent was voluntarily intoxicated;
3  (3) petitioner acted in self-defense or defense of 
4 another, provided that, if petitioner utilized force, such 
5 force was justifiable under Article 7 of the Criminal Code 
6 of 2012; 
7  (4) petitioner did not act in self-defense or defense 
8 of another;
9  (5) petitioner left the residence or household to 
10 avoid further abuse by respondent;
11  (6) petitioner did not leave the residence or 
12 household to avoid further abuse by respondent; or 
13  (7) conduct by any family or household member excused 
14 the abuse by respondent, unless that same conduct would 
15 have excused such abuse if the parties had not been family 
16 or household members.
17(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

19 Section 10. The Illinois Domestic Violence Act of 1986 is 
20amended by changing Sections 214, 222, and 305 as follows:

21 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
22 Sec. 214. Order of protection; remedies. 
23 (a) Issuance of order. If the court finds that petitioner 
24has been abused by a family or household member or that 
 
 
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1petitioner is a high-risk adult who has been abused, 
2neglected, or exploited, as defined in this Act, an order of 
3protection prohibiting the abuse, neglect, or exploitation 
4shall issue; provided that petitioner must also satisfy the 
5requirements of one of the following Sections, as appropriate: 
6Section 217 on emergency orders, Section 218 on interim 
7orders, or Section 219 on plenary orders. Petitioner shall not 
8be denied an order of protection because petitioner or 
9respondent is a minor. The court, when determining whether or 
10not to issue an order of protection, shall not require 
11physical manifestations of abuse on the person of the victim. 
12Modification and extension of prior orders of protection shall 
13be in accordance with this Act.
14 (b) Remedies and standards. The remedies to be included in 
15an order of protection shall be determined in accordance with 
16this Section and one of the following Sections, as 
17appropriate: Section 217 on emergency orders, Section 218 on 
18interim orders, and Section 219 on plenary orders. The 
19remedies listed in this subsection shall be in addition to 
20other civil or criminal remedies available to petitioner.
21  (1) Prohibition of abuse, neglect, or exploitation. 
22 Prohibit respondent's harassment, interference with 
23 personal liberty, intimidation of a dependent, physical 
24 abuse, or willful deprivation, neglect or exploitation, as 
25 defined in this Act, or stalking of the petitioner, as 
26 defined in Section 12-7.3 of the Criminal Code of 2012, if 
 
 
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1 such abuse, neglect, exploitation, or stalking has 
2 occurred or otherwise appears likely to occur if not 
3 prohibited.
4  (2) Grant of exclusive possession of residence. 
5 Prohibit respondent from entering or remaining in any 
6 residence, household, or premises of the petitioner, 
7 including one owned or leased by respondent, if petitioner 
8 has a right to occupancy thereof. The grant of exclusive 
9 possession of the residence, household, or premises shall 
10 not affect title to real property, nor shall the court be 
11 limited by the standard set forth in subsection (c-2) of 
12 Section 501 of the Illinois Marriage and Dissolution of 
13 Marriage Act.
14   (A) Right to occupancy. A party has a right to 
15 occupancy of a residence or household if it is solely 
16 or jointly owned or leased by that party, that party's 
17 spouse, a person with a legal duty to support that 
18 party or a minor child in that party's care, or by any 
19 person or entity other than the opposing party that 
20 authorizes that party's occupancy (e.g., a domestic 
21 violence shelter). Standards set forth in subparagraph 
22 (B) shall not preclude equitable relief.
23   (B) Presumption of hardships. If petitioner and 
24 respondent each has the right to occupancy of a 
25 residence or household, the court shall balance (i) 
26 the hardships to respondent and any minor child or 
 
 
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1 dependent adult in respondent's care resulting from 
2 entry of this remedy with (ii) the hardships to 
3 petitioner and any minor child or dependent adult in 
4 petitioner's care resulting from continued exposure to 
5 the risk of abuse (should petitioner remain at the 
6 residence or household) or from loss of possession of 
7 the residence or household (should petitioner leave to 
8 avoid the risk of abuse). When determining the balance 
9 of hardships, the court shall also take into account 
10 the accessibility of the residence or household. 
11 Hardships need not be balanced if respondent does not 
12 have a right to occupancy.
13   The balance of hardships is presumed to favor 
14 possession by petitioner unless the presumption is 
15 rebutted by a preponderance of the evidence, showing 
16 that the hardships to respondent substantially 
17 outweigh the hardships to petitioner and any minor 
18 child or dependent adult in petitioner's care. The 
19 court, on the request of petitioner or on its own 
20 motion, may order respondent to provide suitable, 
21 accessible, alternate housing for petitioner instead 
22 of excluding respondent from a mutual residence or 
23 household.
24  (3) Stay away order and additional prohibitions. Order 
25 respondent to stay away from petitioner or any other 
26 person protected by the order of protection, or prohibit 
 
 
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1 respondent from entering or remaining present at 
2 petitioner's school, place of employment, or other 
3 specified places at times when petitioner is present, or 
4 both, if reasonable, given the balance of hardships. 
5 Hardships need not be balanced for the court to enter a 
6 stay away order or prohibit entry if respondent has no 
7 right to enter the premises.
8   (A) If an order of protection grants petitioner 
9 exclusive possession of the residence, or prohibits 
10 respondent from entering the residence, or orders 
11 respondent to stay away from petitioner or other 
12 protected persons, then the court may allow respondent 
13 access to the residence to remove items of clothing 
14 and personal adornment used exclusively by respondent, 
15 medications, and other items as the court directs. The 
16 right to access shall be exercised on only one 
17 occasion as the court directs and in the presence of an 
18 agreed-upon adult third party or law enforcement 
19 officer.
20   (B) When the petitioner and the respondent attend 
21 the same public, private, or non-public elementary, 
22 middle, or high school, the court when issuing an 
23 order of protection and providing relief shall 
24 consider the severity of the act, any continuing 
25 physical danger or emotional distress to the 
26 petitioner, the educational rights guaranteed to the 
 
 
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1 petitioner and respondent under federal and State law, 
2 the availability of a transfer of the respondent to 
3 another school, a change of placement or a change of 
4 program of the respondent, the expense, difficulty, 
5 and educational disruption that would be caused by a 
6 transfer of the respondent to another school, and any 
7 other relevant facts of the case. The court may order 
8 that the respondent not attend the public, private, or 
9 non-public elementary, middle, or high school attended 
10 by the petitioner, order that the respondent accept a 
11 change of placement or change of program, as 
12 determined by the school district or private or 
13 non-public school, or place restrictions on the 
14 respondent's movements within the school attended by 
15 the petitioner. The respondent bears the burden of 
16 proving by a preponderance of the evidence that a 
17 transfer, change of placement, or change of program of 
18 the respondent is not available. The respondent also 
19 bears the burden of production with respect to the 
20 expense, difficulty, and educational disruption that 
21 would be caused by a transfer of the respondent to 
22 another school. A transfer, change of placement, or 
23 change of program is not unavailable to the respondent 
24 solely on the ground that the respondent does not 
25 agree with the school district's or private or 
26 non-public school's transfer, change of placement, or 
 
 
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1 change of program or solely on the ground that the 
2 respondent fails or refuses to consent or otherwise 
3 does not take an action required to effectuate a 
4 transfer, change of placement, or change of program. 
5 When a court orders a respondent to stay away from the 
6 public, private, or non-public school attended by the 
7 petitioner and the respondent requests a transfer to 
8 another attendance center within the respondent's 
9 school district or private or non-public school, the 
10 school district or private or non-public school shall 
11 have sole discretion to determine the attendance 
12 center to which the respondent is transferred. In the 
13 event the court order results in a transfer of the 
14 minor respondent to another attendance center, a 
15 change in the respondent's placement, or a change of 
16 the respondent's program, the parents, guardian, or 
17 legal custodian of the respondent is responsible for 
18 transportation and other costs associated with the 
19 transfer or change. 
20   (C) The court may order the parents, guardian, or 
21 legal custodian of a minor respondent to take certain 
22 actions or to refrain from taking certain actions to 
23 ensure that the respondent complies with the order. In 
24 the event the court orders a transfer of the 
25 respondent to another school, the parents, guardian, 
26 or legal custodian of the respondent is responsible 
 
 
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1 for transportation and other costs associated with the 
2 change of school by the respondent. 
3  (4) Counseling. Require or recommend the respondent to 
4 undergo counseling for a specified duration with a social 
5 worker, psychologist, clinical psychologist, 
6 psychiatrist, family service agency, alcohol or substance 
7 abuse program, mental health center guidance counselor, 
8 agency providing services to elders, program designed for 
9 domestic violence abusers or any other guidance service 
10 the court deems appropriate. The Court may order the 
11 respondent in any intimate partner relationship to report 
12 to an Illinois Department of Human Services protocol 
13 approved partner abuse intervention program for an 
14 assessment and to follow all recommended treatment. 
15  (5) Physical care and possession of the minor child. 
16 In order to protect the minor child from abuse, neglect, 
17 or unwarranted separation from the person who has been the 
18 minor child's primary caretaker, or to otherwise protect 
19 the well-being of the minor child, the court may do either 
20 or both of the following: (i) grant petitioner physical 
21 care or possession of the minor child, or both, or (ii) 
22 order respondent to return a minor child to, or not remove 
23 a minor child from, the physical care of a parent or person 
24 in loco parentis.
25  If a court finds, after a hearing, that respondent has 
26 committed abuse (as defined in Section 103) of a minor 
 
 
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1 child, there shall be a rebuttable presumption that 
2 awarding physical care to respondent would not be in the 
3 minor child's best interest.
4  (6) Temporary allocation of parental responsibilities: 
5 significant decision-making. Award temporary 
6 decision-making responsibility to petitioner in accordance 
7 with this Section, the Illinois Marriage and Dissolution 
8 of Marriage Act, the Illinois Parentage Act of 2015, and 
9 this State's Uniform Child-Custody Jurisdiction and 
10 Enforcement Act. 
11  If a court finds, after a hearing, that respondent has 
12 committed abuse (as defined in Section 103) of a minor 
13 child, there shall be a rebuttable presumption that 
14 awarding temporary significant decision-making 
15 responsibility to respondent would not be in the child's 
16 best interest.
17  (7) Parenting time. Determine the parenting time, if 
18 any, of respondent in any case in which the court awards 
19 physical care or allocates temporary significant 
20 decision-making responsibility of a minor child to 
21 petitioner. The court shall restrict or deny respondent's 
22 parenting time with a minor child if the court finds that 
23 respondent has done or is likely to do any of the 
24 following: (i) abuse or endanger the minor child during 
25 parenting time; (ii) use the parenting time as an 
26 opportunity to abuse or harass petitioner or petitioner's 
 
 
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1 family or household members; (iii) improperly conceal or 
2 detain the minor child; or (iv) otherwise act in a manner 
3 that is not in the best interests of the minor child. The 
4 court shall not be limited by the standards set forth in 
5 Section 603.10 of the Illinois Marriage and Dissolution of 
6 Marriage Act. If the court grants parenting time, the 
7 order shall specify dates and times for the parenting time 
8 to take place or other specific parameters or conditions 
9 that are appropriate. No order for parenting time shall 
10 refer merely to the term "reasonable parenting time".
11  Petitioner may deny respondent access to the minor 
12 child if, when respondent arrives for parenting time, 
13 respondent is under the influence of drugs or alcohol and 
14 constitutes a threat to the safety and well-being of 
15 petitioner or petitioner's minor children or is behaving 
16 in a violent or abusive manner.
17  If necessary to protect any member of petitioner's 
18 family or household from future abuse, respondent shall be 
19 prohibited from coming to petitioner's residence to meet 
20 the minor child for parenting time, and the parties shall 
21 submit to the court their recommendations for reasonable 
22 alternative arrangements for parenting time. A person may 
23 be approved to supervise parenting time only after filing 
24 an affidavit accepting that responsibility and 
25 acknowledging accountability to the court.
26  (8) Removal or concealment of minor child. Prohibit 
 
 
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1 respondent from removing a minor child from the State or 
2 concealing the child within the State. 
3  (9) Order to appear. Order the respondent to appear in 
4 court, alone or with a minor child, to prevent abuse, 
5 neglect, removal or concealment of the child, to return 
6 the child to the custody or care of the petitioner or to 
7 permit any court-ordered interview or examination of the 
8 child or the respondent.
9  (10) Possession of personal property. Grant petitioner 
10 exclusive possession of personal property and, if 
11 respondent has possession or control, direct respondent to 
12 promptly make it available to petitioner, if:
13   (i) petitioner, but not respondent, owns the 
14 property; or
15   (ii) the parties own the property jointly; sharing 
16 it would risk abuse of petitioner by respondent or is 
17 impracticable; and the balance of hardships favors 
18 temporary possession by petitioner.
19  If petitioner's sole claim to ownership of the 
20 property is that it is marital property, the court may 
21 award petitioner temporary possession thereof under the 
22 standards of subparagraph (ii) of this paragraph only if a 
23 proper proceeding has been filed under the Illinois 
24 Marriage and Dissolution of Marriage Act, as now or 
25 hereafter amended.
26  No order under this provision shall affect title to 
 
 
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1 property.
2  (11) Protection of property. Forbid the respondent 
3 from taking, transferring, encumbering, concealing, 
4 damaging or otherwise disposing of any real or personal 
5 property, except as explicitly authorized by the court, 
6 if:
7   (i) petitioner, but not respondent, owns the 
8 property; or
9   (ii) the parties own the property jointly, and the 
10 balance of hardships favors granting this remedy.
11  If petitioner's sole claim to ownership of the 
12 property is that it is marital property, the court may 
13 grant petitioner relief under subparagraph (ii) of this 
14 paragraph only if a proper proceeding has been filed under 
15 the Illinois Marriage and Dissolution of Marriage Act, as 
16 now or hereafter amended.
17  The court may further prohibit respondent from 
18 improperly using the financial or other resources of an 
19 aged member of the family or household for the profit or 
20 advantage of respondent or of any other person.
21  (11.5) Protection of animals. Grant the petitioner the 
22 exclusive care, custody, or control of any animal owned, 
23 possessed, leased, kept, or held by either the petitioner 
24 or the respondent or a minor child residing in the 
25 residence or household of either the petitioner or the 
26 respondent and order the respondent to stay away from the 
 
 
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1 animal and forbid the respondent from taking, 
2 transferring, encumbering, concealing, harming, or 
3 otherwise disposing of the animal. 
4  (12) Order for payment of support. Order respondent to 
5 pay temporary support for the petitioner or any child in 
6 the petitioner's care or over whom the petitioner has been 
7 allocated parental responsibility, when the respondent has 
8 a legal obligation to support that person, in accordance 
9 with the Illinois Marriage and Dissolution of Marriage 
10 Act, which shall govern, among other matters, the amount 
11 of support, payment through the clerk and withholding of 
12 income to secure payment. An order for child support may 
13 be granted to a petitioner with lawful physical care of a 
14 child, or an order or agreement for physical care of a 
15 child, prior to entry of an order allocating significant 
16 decision-making responsibility. Such a support order shall 
17 expire upon entry of a valid order allocating parental 
18 responsibility differently and vacating the petitioner's 
19 significant decision-making authority, unless otherwise 
20 provided in the order.
21  (13) Order for payment of losses. Order respondent to 
22 pay petitioner for losses suffered as a direct result of 
23 the abuse, neglect, or exploitation. Such losses shall 
24 include, but not be limited to, medical expenses, lost 
25 earnings or other support, repair or replacement of 
26 property damaged or taken, reasonable attorney's fees, 
 
 
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1 court costs and moving or other travel expenses, including 
2 additional reasonable expenses for temporary shelter and 
3 restaurant meals.
4   (i) Losses affecting family needs. If a party is 
5 entitled to seek maintenance, child support or 
6 property distribution from the other party under the 
7 Illinois Marriage and Dissolution of Marriage Act, as 
8 now or hereafter amended, the court may order 
9 respondent to reimburse petitioner's actual losses, to 
10 the extent that such reimbursement would be 
11 "appropriate temporary relief", as authorized by 
12 subsection (a)(3) of Section 501 of that Act.
13   (ii) Recovery of expenses. In the case of an 
14 improper concealment or removal of a minor child, the 
15 court may order respondent to pay the reasonable 
16 expenses incurred or to be incurred in the search for 
17 and recovery of the minor child, including but not 
18 limited to legal fees, court costs, private 
19 investigator fees, and travel costs.
20  (14) Prohibition of entry. Prohibit the respondent 
21 from entering or remaining in the residence or household 
22 while the respondent is under the influence of alcohol or 
23 drugs and constitutes a threat to the safety and 
24 well-being of the petitioner or the petitioner's children.
25  (14.5) Prohibition of possession of firearms and 
26 firearm parts; search and seizure of firearms and firearms 
 
 
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1 parts firearm possession.
2   (A a)(i) Prohibit a respondent against whom an 
3 emergency, interim, or plenary order of protection was 
4 issued from possessing, during the duration of the 
5 order, any firearms or firearm parts that could be 
6 assembled into an operable firearm during the duration 
7 of the order if a search warrant is issued under (A-1) 
8 or the order:
9    (aa 1) was issued after a hearing of which such 
10 person received actual notice, and at which such 
11 person had an opportunity to participate, or the 
12 petitioner has satisfied the requirements of 
13 Section 217;
14    (bb 2) restrains such person from using 
15 physical force; harassing, stalking, or 
16 threatening an intimate partner of such person or 
17 child of such intimate partner or person; , or 
18 engaging in other conduct that would place an 
19 intimate partner in reasonable fear of bodily 
20 injury to the partner or child; and
21    (cc 3)(i) includes a finding that such person 
22 represents a credible threat to the physical 
23 safety of such intimate partner or child; or (ii) 
24 by its terms explicitly prohibits the use, 
25 attempted use, or threatened use of physical force 
26 against such intimate partner or child that would 
 
 
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1 reasonably be expected to cause bodily injury.
2   (ii) The court shall order any respondent 
3 prohibited from possessing firearms under item (i) of 
4 subparagraph (A) to surrender any firearms or firearm 
5 parts that could be assembled to make an operable 
6 firearm. Any firearms or firearm parts on the 
7 respondent's person or at the place of service shall 
8 be surrendered to the serving officers at the time of 
9 service of the order of protection, and any other 
10 firearms or firearm parts shall be surrendered to 
11 local law enforcement within 24 hours of service of 
12 the order of protection. Any Firearm Owner's 
13 Identification Card or Concealed Carry License in the 
14 possession of the respondent, except as provided in 
15 subparagraph (B) subsection (b), shall also be ordered 
16 by the court to be turned over to the officer serving 
17 the order of protection at the time of service or, if 
18 not on the respondent's person or at the location 
19 where the respondent is served at the time of service, 
20 to local law enforcement within 24 hours of service of 
21 the order of protection agency. The local law 
22 enforcement agency shall immediately mail the card, as 
23 well as any license, to the Illinois State Police 
24 Firearm Owner's Identification Card Office for 
25 safekeeping. The court shall issue a warrant for 
26 seizure of any firearm in the possession of the 
 
 
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1 respondent, to be kept by the local law enforcement 
2 agency for safekeeping, except as provided in 
3 subsection (b). The period of safekeeping shall be for 
4 the duration of the order of protection. The firearm 
5 or firearms and Firearm Owner's Identification Card, 
6 if unexpired, shall at the respondent's request, be 
7 returned to the respondent at the end of the order of 
8 protection. It is the respondent's responsibility to 
9 notify the Illinois State Police Firearm Owner's 
10 Identification Card Office. 
11   (A-1)(i) Upon issuance of an emergency, interim, 
12 or plenary order of protection and subject to the 
13 provisions of item (ii) of this subparagraph (A-1), 
14 the court shall issue a search warrant for the seizure 
15 of any firearms or firearm parts that could be 
16 assembled to make an operable firearm belonging to the 
17 respondent if the court, based upon sworn testimony, 
18 finds that: 
19    (aa) the respondent poses a credible threat to 
20 the physical safety of the petitioner protected by 
21 the order of protection; and 
22    (bb) probable cause exists to believe that:
23     (I) the respondent possesses firearms or 
24 firearm parts that could be assembled to make 
25 an operable firearm;
26     (II) the firearms or firearm parts that 
 
 
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1 could be assembled to make an operable firearm 
2 are located at the residence, vehicle, or 
3 other property of the respondent to be 
4 searched; and
5     (III) the credible threat to the physical 
6 safety of the petitioner protected by the 
7 order of protection is immediate and present. 
8   The record shall reflect the court's findings in 
9 determining whether the search warrant shall be 
10 issued. 
11   (ii) If the petitioner does not seek a warrant 
12 under this subparagraph (A-1) or the court determines 
13 that the requirements of this subparagraph (A-1) have 
14 not been met, relief under subparagraph (A) alone may 
15 be granted. 
16   (iii) An ex parte search warrant shall be granted 
17 under this subparagraph (A-1) only if the court finds 
18 that:
19    (aa) the elements of item (i) of subparagraph 
20 (A-1) have been met;
21    (bb) personal injury to the petitioner is 
22 likely to occur if the respondent received prior 
23 notice; and
24    (cc) the petitioner has otherwise satisfied 
25 the requirements of Section 217 of this Act. 
26   (iv) Oral testimony is sufficient in lieu of an 
 
 
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1 affidavit to support a finding of probable cause. 
2   (v) A search warrant issued under this 
3 subparagraph (A-1) shall be directed by the court for 
4 enforcement to the law enforcement agency with primary 
5 responsibility for responding to calls for service at 
6 the location to be searched or to another appropriate 
7 law enforcement agency if justified by the 
8 circumstances. The search warrant shall specify with 
9 particularity the scope of the search, including the 
10 property to be searched, and shall direct the law 
11 enforcement agency to seize the respondent's firearms 
12 and firearm parts that could be assembled to make an 
13 operable firearm. Law enforcement shall also be 
14 directed to seize any Firearm Owner's Identification 
15 Card and any Concealed Carry License belonging to the 
16 respondent.
17    (vi) The petitioner shall prepare an information 
18 sheet, reviewed by the court, for law enforcement at 
19 the time the warrant is granted. The information sheet 
20 shall include:
21    (aa) contact information for the petitioner, 
22 the petitioner's attorney, or both, including a 
23 telephone number and email, if available;
24    (bb) a physical description of the respondent, 
25 including the respondent's date of birth, if 
26 known, or approximate age, height, weight, race, 
 
 
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1 and hair color;
2    (cc) days and times that the respondent is 
3 likely to be at the property to be searched, if 
4 known; and
5    (dd) whether people other than the respondent 
6 are likely to be present at the property to be 
7 searched and when, if known. 
8   (vii) The information sheet shall be transmitted 
9 to the law enforcement agency to which the search 
10 warrant is directed in the same manner as the warrant 
11 is transmitted under Section 222 of this Act. 
12   (viii) If the court, after determining a search 
13 warrant should issue, finds that the petitioner has 
14 made a credible report of domestic violence to the 
15 local law enforcement agency within the previous 90 
16 days, law enforcement shall execute the warrant no 
17 later than 96 hours after receipt of the warrant. If 
18 the court finds that petitioner has not made such a 
19 report, the law enforcement agency to which the court 
20 has directed the warrant shall, within 48 hours of 
21 receipt, evaluate the warrant and seek any corrections 
22 to the warrant, and, if applicable, add to or negate 
23 the warrant. The record shall reflect the court's 
24 findings in determining whether to correct, add, or 
25 negate the warrant. If a change is made regarding the 
26 search warrant, law enforcement shall execute the 
 
 
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1 warrant no later than 96 hours after the correction is 
2 issued. The law enforcement agency shall notify the 
3 petitioner of any changes to the warrant or if the 
4 warrant has been negated. The law enforcement agency 
5 to which the court has directed the warrant may 
6 coordinate with other law enforcement agencies to 
7 execute the warrant. A return of the warrant shall be 
8 filed by the law enforcement agency within 24 hours of 
9 execution, setting forth the time, date, and location 
10 where the warrant was executed and what items, if any, 
11 were seized. If the court is not in session, the return 
12 information shall be returned on the next date the 
13 court is in session. Subject to the provisions of this 
14 Section, peace officers shall have the same authority 
15 to execute a warrant issued pursuant to this 
16 subsection as a warrant issued under Article 108 of 
17 the Code of Criminal Procedure of 1963. 
18   (ix) Upon discovering a defect in the search 
19 warrant, the appropriate law enforcement agency may 
20 petition the court to correct the warrant. The law 
21 enforcement agency shall notify the petitioner of any 
22 such correction. 
23   (x) Upon petition by the appropriate law 
24 enforcement agency, the court may modify the search 
25 warrant or extend the time to execute the search 
26 warrant for a period of no more than 96 hours. In 
 
 
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1 determining whether to modify or extend the warrant, 
2 the court shall consider:
3    (aa) any increased risk to the petitioner's 
4 safety that may result from a modification or 
5 extension of the warrant;
6    (bb) any unnecessary risk to law enforcement 
7 that would be mitigated by a modification or 
8 extension of the warrant;
9    (cc) any risks to third parties at the 
10 location to be searched that would be mitigated by 
11 a modification or extension of the warrant; and
12    (dd) the likelihood of successful execution of 
13 warrant.
14   The record shall reflect the court's findings in 
15 determining whether to extend or modify the warrant. 
16 The law enforcement agency shall notify the petitioner 
17 of any modification or extension of the warrant. 
18   (xi) Service of any order of protection shall, to 
19 the extent possible, be concurrent with the execution 
20 of any search warrant under this paragraph. 
21   (B b) If the respondent is a peace officer as 
22 defined in Section 2-13 of the Criminal Code of 2012, 
23 the court shall order that any firearms used by the 
24 respondent in the performance of his or her duties as a 
25 peace officer be surrendered to the chief law 
26 enforcement executive of the agency in which the 
 
 
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1 respondent is employed, who shall retain the firearms 
2 for safekeeping for the duration of the order of 
3 protection.
4   (C c)(i) Any firearms or firearm parts that could 
5 be assembled to make an operable firearm shall be kept 
6 by the law enforcement agency that took possession of 
7 the items for safekeeping, except as provided in 
8 subparagraph (B). The period of safekeeping shall be 
9 for the duration of the order of protection. Except as 
10 provided in subparagraph (E), the respondent is 
11 prohibited from transferring firearms or firearm parts 
12 to another individual in lieu of surrender to law 
13 enforcement. The law enforcement agency shall provide 
14 an itemized statement of receipt to the respondent and 
15 the court describing any seized or surrendered 
16 firearms or firearm parts and informing the respondent 
17 that the respondent may seek the return of the 
18 respondent's items at the end of the order of 
19 protection. The law enforcement agency may enter 
20 arrangements, as needed, with federally licensed 
21 firearm dealers or other law enforcement agencies for 
22 the storage of any firearms seized or surrendered 
23 under this subsection.
24   (ii) It is the respondent's responsibility to 
25 request the return or reinstatement of any Firearm 
26 Owner's Identification Card or Concealed Carry License 
 
 
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1 and notify the Illinois State Police Firearm Owner's 
2 Identification Card Office at the end of the Order of 
3 Protection.
4   (iii) At the end of the order of protection, a 
5 respondent may request the return of any seized or 
6 surrendered firearms or firearm parts that could be 
7 assembled to make an operable firearm. Such firearms 
8 or firearm parts shall be returned within 14 days of 
9 the request to the respondent, if the respondent is 
10 lawfully eligible to possess firearms, or to a 
11 designated third party who is lawfully eligible to 
12 possess firearms. If Upon expiration of the period of 
13 safekeeping, if the firearms or firearm parts or 
14 Firearm Owner's Identification Card cannot be returned 
15 to respondent because (1) the respondent has not 
16 requested the return or transfer of the firearms or 
17 firearm parts as set forth in this subparagraph, and 
18 (2) the respondent cannot be located or , fails to 
19 respond to more than 3 requests to retrieve the 
20 firearms or firearm parts the court may, or is not 
21 lawfully eligible to possess a firearm, upon petition 
22 from the appropriate local law enforcement agency and 
23 notice to the respondent at the respondent's last 
24 known address, the court may order the local law 
25 enforcement agency to destroy the firearms or firearm 
26 parts; , use the firearms or firearm parts for training 
 
 
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1 purposes, or for any other application as deemed 
2 appropriate by the local law enforcement agency; or 
3 turn that the firearms be turned over the firearm or 
4 firearm parts to a third party who is lawfully 
5 eligible to possess firearms, and who does not reside 
6 with respondent. 
7   (D)(i) If a person other than the respondent 
8 claims title to any firearms and firearm parts that 
9 could be assembled to make an operable firearm seized 
10 or surrendered under this subsection, the person may 
11 petition the court to have the firearm and firearm 
12 parts that could be assembled to make an operable 
13 firearm returned to him or her with proper notice to 
14 the petitioner and respondent. If, at a hearing on the 
15 petition, the court determines the person to be the 
16 lawful owner of the firearm and firearm parts that 
17 could be assembled to make an operable firearm, the 
18 firearm and firearm parts that could be assembled to 
19 make an operable firearm shall be returned to the 
20 person, provided that: 
21    (aa) the firearm and firearm parts that could 
22 be assembled to make an operable firearm are 
23 removed from the respondent's custody, control, or 
24 possession and the lawful owner agrees to store 
25 the firearm and firearm parts that could be 
26 assembled to make an operable firearm in a manner 
 
 
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1 such that the respondent does not have access to 
2 or control of the firearm and firearm parts that 
3 could be assembled to make an operable firearm; 
4 and
5     (bb) the firearm and firearm parts that could 
6 be assembled to make an operable firearm are not 
7 otherwise unlawfully possessed by the owner. 
8   (ii) The person petitioning for the return of his 
9 or her firearm and firearm parts that could be 
10 assembled to make an operable firearm must swear or 
11 affirm by affidavit that he or she:
12    (aa) is the lawful owner of the firearm and 
13 firearm parts that could be assembled to make an 
14 operable firearm;
15    (bb) shall not transfer the firearm and 
16 firearm parts that could be assembled to make an 
17 operable firearm to the respondent; and
18    (cc) will store the firearm and firearm parts 
19 that could be assembled to make an operable 
20 firearm in a manner that the respondent does not 
21 have access to or control of the firearm and 
22 firearm parts that could be assembled to make an 
23 operable firearm. 
24   (E)(i) The respondent may file a motion to 
25 transfer, at the next scheduled hearing, any seized or 
26 surrendered firearms or firearm parts to a third 
 
 
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1 party. Notice of the motion shall be provided to the 
2 petitioner and the third party must appear at the 
3 hearing. 
4   (ii) The court may order transfer of the seized or 
5 surrendered firearm or firearm parts only if:
6    (aa) the third party transferee affirms by 
7 affidavit to the open court that: 
8     (I) the third party transferee does not 
9 reside with the respondent; 
10     (II) the respondent does not have access 
11 to the location in which the third party 
12 transferee intends to keep the firearms or 
13 firearm parts; 
14     (III) the third party transferee will not 
15 transfer the firearm or firearm parts to the 
16 respondent or anyone who resides with the 
17 respondent; 
18     (IV) the third party transferee will 
19 maintain control and possession of the firearm 
20 or firearm parts until otherwise ordered by 
21 the court; and 
22     (V) the third party transferee will be 
23 subject to criminal penalties for transferring 
24 the firearms or firearm parts to the 
25 respondent; and 
26    (bb) the court finds that: 
 
 
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1     (I) the respondent holds a valid Firearm 
2 Owner's Identification; and
3     (II) the transfer of firearms or firearm 
4 parts to the third party transferee does not 
5 place the petitioner or any other protected 
6 parties at any additional threat or risk of 
7 harm. 
8  (15) Prohibition of access to records. If an order of 
9 protection prohibits respondent from having contact with 
10 the minor child, or if petitioner's address is omitted 
11 under subsection (b) of Section 203, or if necessary to 
12 prevent abuse or wrongful removal or concealment of a 
13 minor child, the order shall deny respondent access to, 
14 and prohibit respondent from inspecting, obtaining, or 
15 attempting to inspect or obtain, school or any other 
16 records of the minor child who is in the care of 
17 petitioner.
18  (16) Order for payment of shelter services. Order 
19 respondent to reimburse a shelter providing temporary 
20 housing and counseling services to the petitioner for the 
21 cost of the services, as certified by the shelter and 
22 deemed reasonable by the court.
23  (17) Order for injunctive relief. Enter injunctive 
24 relief necessary or appropriate to prevent further abuse 
25 of a family or household member or further abuse, neglect, 
26 or exploitation of a high-risk adult with disabilities or 
 
 
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1 to effectuate one of the granted remedies, if supported by 
2 the balance of hardships. If the harm to be prevented by 
3 the injunction is abuse or any other harm that one of the 
4 remedies listed in paragraphs (1) through (16) of this 
5 subsection is designed to prevent, no further evidence is 
6 necessary that the harm is an irreparable injury.
7  (18) Telephone services.
8   (A) Unless a condition described in subparagraph 
9 (B) of this paragraph exists, the court may, upon 
10 request by the petitioner, order a wireless telephone 
11 service provider to transfer to the petitioner the 
12 right to continue to use a telephone number or numbers 
13 indicated by the petitioner and the financial 
14 responsibility associated with the number or numbers, 
15 as set forth in subparagraph (C) of this paragraph. 
16 For purposes of this paragraph (18), the term 
17 "wireless telephone service provider" means a provider 
18 of commercial mobile service as defined in 47 U.S.C. 
19 332. The petitioner may request the transfer of each 
20 telephone number that the petitioner, or a minor child 
21 in his or her custody, uses. The clerk of the court 
22 shall serve the order on the wireless telephone 
23 service provider's agent for service of process 
24 provided to the Illinois Commerce Commission. The 
25 order shall contain all of the following:
26    (i) The name and billing telephone number of 
 
 
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1 the account holder including the name of the 
2 wireless telephone service provider that serves 
3 the account.
4    (ii) Each telephone number that will be 
5 transferred.
6    (iii) A statement that the provider transfers 
7 to the petitioner all financial responsibility for 
8 and right to the use of any telephone number 
9 transferred under this paragraph.
10   (B) A wireless telephone service provider shall 
11 terminate the respondent's use of, and shall transfer 
12 to the petitioner use of, the telephone number or 
13 numbers indicated in subparagraph (A) of this 
14 paragraph unless it notifies the petitioner, within 72 
15 hours after it receives the order, that one of the 
16 following applies:
17    (i) The account holder named in the order has 
18 terminated the account.
19    (ii) A difference in network technology would 
20 prevent or impair the functionality of a device on 
21 a network if the transfer occurs.
22    (iii) The transfer would cause a geographic or 
23 other limitation on network or service provision 
24 to the petitioner.
25    (iv) Another technological or operational 
26 issue would prevent or impair the use of the 
 
 
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1 telephone number if the transfer occurs.
2   (C) The petitioner assumes all financial 
3 responsibility for and right to the use of any 
4 telephone number transferred under this paragraph. In 
5 this paragraph, "financial responsibility" includes 
6 monthly service costs and costs associated with any 
7 mobile device associated with the number.
8   (D) A wireless telephone service provider may 
9 apply to the petitioner its routine and customary 
10 requirements for establishing an account or 
11 transferring a number, including requiring the 
12 petitioner to provide proof of identification, 
13 financial information, and customer preferences.
14   (E) Except for willful or wanton misconduct, a 
15 wireless telephone service provider is immune from 
16 civil liability for its actions taken in compliance 
17 with a court order issued under this paragraph.
18   (F) All wireless service providers that provide 
19 services to residential customers shall provide to the 
20 Illinois Commerce Commission the name and address of 
21 an agent for service of orders entered under this 
22 paragraph (18). Any change in status of the registered 
23 agent must be reported to the Illinois Commerce 
24 Commission within 30 days of such change. 
25   (G) The Illinois Commerce Commission shall 
26 maintain the list of registered agents for service for 
 
 
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1 each wireless telephone service provider on the 
2 Commission's website. The Commission may consult with 
3 wireless telephone service providers and the Circuit 
4 Court Clerks on the manner in which this information 
5 is provided and displayed. 
6 (c) Relevant factors; findings.
7  (1) In determining whether to grant a specific remedy, 
8 other than payment of support, the court shall consider 
9 relevant factors, including but not limited to the 
10 following:
11   (i) the nature, frequency, severity, pattern and 
12 consequences of the respondent's past abuse, neglect 
13 or exploitation of the petitioner or any family or 
14 household member, including the concealment of his or 
15 her location in order to evade service of process or 
16 notice, and the likelihood of danger of future abuse, 
17 neglect, or exploitation to petitioner or any member 
18 of petitioner's or respondent's family or household; 
19 and
20   (ii) the danger that any minor child will be 
21 abused or neglected or improperly relocated from the 
22 jurisdiction, improperly concealed within the State or 
23 improperly separated from the child's primary 
24 caretaker.
25  (2) In comparing relative hardships resulting to the 
26 parties from loss of possession of the family home, the 
 
 
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1 court shall consider relevant factors, including but not 
2 limited to the following:
3   (i) availability, accessibility, cost, safety, 
4 adequacy, location and other characteristics of 
5 alternate housing for each party and any minor child 
6 or dependent adult in the party's care;
7   (ii) the effect on the party's employment; and
8   (iii) the effect on the relationship of the party, 
9 and any minor child or dependent adult in the party's 
10 care, to family, school, church and community.
11  (3) Subject to the exceptions set forth in paragraph 
12 (4) of this subsection, the court shall make its findings 
13 in an official record or in writing, and shall at a minimum 
14 set forth the following:
15   (i) That the court has considered the applicable 
16 relevant factors described in paragraphs (1) and (2) 
17 of this subsection.
18   (ii) Whether the conduct or actions of respondent, 
19 unless prohibited, will likely cause irreparable harm 
20 or continued abuse.
21   (iii) Whether it is necessary to grant the 
22 requested relief in order to protect petitioner or 
23 other alleged abused persons.
24  (4) For purposes of issuing an ex parte emergency 
25 order of protection, the court, as an alternative to or as 
26 a supplement to making the findings described in 
 
 
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1 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
2 subsection, may use the following procedure:
3  When a verified petition for an emergency order of 
4 protection in accordance with the requirements of Sections 
5 203 and 217 is presented to the court, the court shall 
6 examine petitioner on oath or affirmation. An emergency 
7 order of protection shall be issued by the court if it 
8 appears from the contents of the petition and the 
9 examination of petitioner that the averments are 
10 sufficient to indicate abuse by respondent and to support 
11 the granting of relief under the issuance of the emergency 
12 order of protection.
13  (5) Never married parties. No rights or 
14 responsibilities for a minor child born outside of 
15 marriage attach to a putative father until a father and 
16 child relationship has been established under the Illinois 
17 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
18 the Illinois Public Aid Code, Section 12 of the Vital 
19 Records Act, the Juvenile Court Act of 1987, the Probate 
20 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
21 Support Act, the Uniform Interstate Family Support Act, 
22 the Expedited Child Support Act of 1990, any judicial, 
23 administrative, or other act of another state or 
24 territory, any other Illinois statute, or by any foreign 
25 nation establishing the father and child relationship, any 
26 other proceeding substantially in conformity with the 
 
 
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1 Personal Responsibility and Work Opportunity 
2 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
3 both parties appeared in open court or at an 
4 administrative hearing acknowledging under oath or 
5 admitting by affirmation the existence of a father and 
6 child relationship. Absent such an adjudication, finding, 
7 or acknowledgment, no putative father shall be granted 
8 temporary allocation of parental responsibilities, 
9 including parenting time with the minor child, or physical 
10 care and possession of the minor child, nor shall an order 
11 of payment for support of the minor child be entered.
12 (d) Balance of hardships; findings. If the court finds 
13that the balance of hardships does not support the granting of 
14a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
15subsection (b) of this Section, which may require such 
16balancing, the court's findings shall so indicate and shall 
17include a finding as to whether granting the remedy will 
18result in hardship to respondent that would substantially 
19outweigh the hardship to petitioner from denial of the remedy. 
20The findings shall be an official record or in writing.
21 (e) Denial of remedies. Denial of any remedy shall not be 
22based, in whole or in part, on evidence that:
23  (1) Respondent has cause for any use of force, unless 
24 that cause satisfies the standards for justifiable use of 
25 force provided by Article 7 of the Criminal Code of 2012;
26  (2) Respondent was voluntarily intoxicated;
 
 
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1  (3) Petitioner acted in self-defense or defense of 
2 another, provided that, if petitioner utilized force, such 
3 force was justifiable under Article 7 of the Criminal Code 
4 of 2012; 
5  (4) Petitioner did not act in self-defense or defense 
6 of another;
7  (5) Petitioner left the residence or household to 
8 avoid further abuse, neglect, or exploitation by 
9 respondent;
10  (6) Petitioner did not leave the residence or 
11 household to avoid further abuse, neglect, or exploitation 
12 by respondent;
13  (7) Conduct by any family or household member excused 
14 the abuse, neglect, or exploitation by respondent, unless 
15 that same conduct would have excused such abuse, neglect, 
16 or exploitation if the parties had not been family or 
17 household members.
18(Source: P.A. 102-538, eff. 8-20-21.)

19 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
20 Sec. 222. Notice of orders. 
21 (a) Entry and issuance. Upon issuance of any order of 
22protection, the clerk shall immediately (i) enter the order on 
23the record and file it in accordance with the circuit court 
24procedures and (ii) provide a file stamped copy of the order to 
25respondent, if present, and to petitioner.
 
 
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1 (b) Filing with sheriff or other law enforcement 
2officials. The clerk of the issuing judge shall, or the 
3petitioner may, on the same day that an order of protection is 
4issued, file a certified copy of that order with the sheriff or 
5other law enforcement officials charged with maintaining 
6Illinois State Police records or charged with serving the 
7order upon respondent or executing any search warrant issued 
8under paragraph (14.5) of subsection (b) of Section 214 of 
9this Act. If a search warrant is issued under paragraph (14.5) 
10of subsection (b) of Section 214 of this Act, the clerk of the 
11issuing judge shall, or the petitioner may, on the same day 
12that the warrant is issued, transmit the warrant to the law 
13enforcement agency to which the warrant is directed. If the 
14respondent, at the time of the issuance of the order, is 
15committed to the custody of the Illinois Department of 
16Corrections or Illinois Department of Juvenile Justice or is 
17on parole, aftercare release, or mandatory supervised release, 
18the sheriff or other law enforcement officials charged with 
19maintaining Illinois State Police records shall notify the 
20Department of Corrections or Department of Juvenile Justice 
21within 48 hours of receipt of a copy of the order of protection 
22from the clerk of the issuing judge or the petitioner. Such 
23notice shall include the name of the respondent, the 
24respondent's IDOC inmate number or IDJJ youth identification 
25number, the respondent's date of birth, and the LEADS Record 
26Index Number.
 
 
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1 (c) Service by sheriff. Unless respondent was present in 
2court when the order was issued, the sheriff, other law 
3enforcement official or special process server shall promptly 
4serve that order upon respondent and file proof of such 
5service, in the manner provided for service of process in 
6civil proceedings. Instead of serving the order upon the 
7respondent, however, the sheriff, other law enforcement 
8official, special process server, or other persons defined in 
9Section 222.10 may serve the respondent with a short form 
10notification as provided in Section 222.10. If process has not 
11yet been served upon the respondent, it shall be served with 
12the order or short form notification if such service is made by 
13the sheriff, other law enforcement official, or special 
14process server. A single fee may be charged for service of an 
15order obtained in civil court, or for service of such an order 
16together with process, unless waived or deferred under Section 
17210.
18 (c-5) If the person against whom the order of protection 
19is issued is arrested and the written order is issued in 
20accordance with subsection (c) of Section 217 and received by 
21the custodial law enforcement agency before the respondent or 
22arrestee is released from custody, the custodial law 
23enforcement agent shall promptly serve the order upon the 
24respondent or arrestee before the respondent or arrestee is 
25released from custody. In no event shall detention of the 
26respondent or arrestee be extended for hearing on the petition 
 
 
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1for order of protection or receipt of the order issued under 
2Section 217 of this Act.
3 (d) Extensions, modifications and revocations. Any order 
4extending, modifying or revoking any order of protection shall 
5be promptly recorded, issued and served as provided in this 
6Section.
7 (e) Notice to schools. Upon the request of the petitioner, 
8within 24 hours of the issuance of an order of protection, the 
9clerk of the issuing judge shall send a certified copy of the 
10order of protection to the day-care facility, pre-school or 
11pre-kindergarten, or private school or the principal office of 
12the public school district or any college or university in 
13which any child who is a protected person under the order of 
14protection or any child of the petitioner is enrolled as 
15requested by the petitioner at the mailing address provided by 
16the petitioner. If the child transfers enrollment to another 
17day-care facility, pre-school, pre-kindergarten, private 
18school, public school, college, or university, the petitioner 
19may, within 24 hours of the transfer, send to the clerk written 
20notice of the transfer, including the name and address of the 
21institution to which the child is transferring. Within 24 
22hours of receipt of notice from the petitioner that a child is 
23transferring to another day-care facility, pre-school, 
24pre-kindergarten, private school, public school, college, or 
25university, the clerk shall send a certified copy of the order 
26to the institution to which the child is transferring.
 
 
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1 (f) Disclosure by schools. After receiving a certified 
2copy of an order of protection that prohibits a respondent's 
3access to records, neither a day-care facility, pre-school, 
4pre-kindergarten, public or private school, college, or 
5university nor its employees shall allow a respondent access 
6to a protected child's records or release information in those 
7records to the respondent. The school shall file the copy of 
8the order of protection in the records of a child who is a 
9protected person under the order of protection. When a child 
10who is a protected person under the order of protection 
11transfers to another day-care facility, pre-school, 
12pre-kindergarten, public or private school, college, or 
13university, the institution from which the child is 
14transferring may, at the request of the petitioner, provide, 
15within 24 hours of the transfer, written notice of the order of 
16protection, along with a certified copy of the order, to the 
17institution to which the child is transferring.
18 (g) Notice to health care facilities and health care 
19practitioners. Upon the request of the petitioner, the clerk 
20of the circuit court shall send a certified copy of the order 
21of protection to any specified health care facility or health 
22care practitioner requested by the petitioner at the mailing 
23address provided by the petitioner. 
24 (h) Disclosure by health care facilities and health care 
25practitioners. After receiving a certified copy of an order of 
26protection that prohibits a respondent's access to records, no 
 
 
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1health care facility or health care practitioner shall allow a 
2respondent access to the records of any child who is a 
3protected person under the order of protection, or release 
4information in those records to the respondent, unless the 
5order has expired or the respondent shows a certified copy of 
6the court order vacating the corresponding order of protection 
7that was sent to the health care facility or practitioner. 
8Nothing in this Section shall be construed to require health 
9care facilities or health care practitioners to alter 
10procedures related to billing and payment. The health care 
11facility or health care practitioner may file the copy of the 
12order of protection in the records of a child who is a 
13protected person under the order of protection, or may employ 
14any other method to identify the records to which a respondent 
15is prohibited access. No health care facility or health care 
16practitioner shall be civilly or professionally liable for 
17reliance on a copy of an order of protection, except for 
18willful and wanton misconduct. 
19(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)

20 (750 ILCS 60/305) (from Ch. 40, par. 2313-5)
21 Sec. 305. Limited law enforcement liability. Any act of 
22omission or commission by any law enforcement officer acting 
23in good faith in rendering emergency assistance, executing 
24search warrants under this Act, or otherwise enforcing this 
25Act shall not impose civil liability upon the law enforcement 
 
 
10300HB4144sam002- 72 -LRB103 34131 JDS 77130 a


1officer or his or her supervisor or employer, unless the act is 
2a result of willful or wanton misconduct.
3(Source: P.A. 84-1305.)