Rep. Denyse Wang Stoneback
Filed: 1/31/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 2541




2 AMENDMENT NO. ______. Amend House Bill 2541 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 9.5 as follows:

6 (430 ILCS 65/9.5)
7 Sec. 9.5. Revocation of Firearm Owner's Identification

8Card.
9 (a) A person who receives a revocation notice under 
10Section 9 of this Act shall, within 48 hours of receiving 
11notice of the revocation:
12  (1) surrender his or her Firearm Owner's 
13 Identification Card to the local law enforcement agency 
14 where the person resides or to a law enforcement agency of 
15 the court's choosing the Illinois State Police; and
16  (2) complete a Firearm Disposition Record on a form 
 
 
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1 prescribed by the Illinois State Police and place his or 
2 her firearms in the location or with the person reported 
3 in the Firearm Disposition Record. The form shall require 
4 the person to disclose:
5   (A) the make, model, and serial number of each 
6 firearm owned by or under the custody and control of 
7 the revoked person;
8   (B) the location where each firearm will be 
9 maintained during the prohibited term;
10   (C) if any firearm will be transferred to the 
11 custody of another person, the name, address and 
12 Firearm Owner's Identification Card number of the 
13 transferee; and
14   (D) to whom his or her Firearm Owner's 
15 Identification Card was surrendered.
16  Once completed, the person shall retain a copy and 
17 provide a copy of the Firearm Disposition Record to the 
18 Illinois State Police. 
19 (b) Upon confirming through the portal created under 
20Section 2605-304 of the Illinois Department of State Police 
21Law of the Civil Administrative Code of Illinois that the 
22Firearm Owner's Identification Card has been revoked by the 
23Illinois State Police, surrendered cards shall be destroyed by 
24the law enforcement agency receiving the cards. If a card has 
25not been revoked, the card shall be returned to the 
26cardholder. Illinois
 
 
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1 (b-5) If a court orders the surrender of a Firearms 
2Owner's Identification Card and accepts receipt of the Card, 
3the court shall destroy the Card and direct the person whose 
4Firearm Owner's Identification Card has been surrendered to 
5comply with paragraph (2) of subsection (a).
6 (b-10) If the person whose Firearm Owner's Identification 
7Card has been revoked has either lost or destroyed the Card, 
8the person must still comply with paragraph (2) of subsection 
9(a).
10 (b-15) A notation shall be made in the portal created 
11under Section 2605-304 of the Illinois Department of State 
12Police Law of the Civil Administrative Code of Illinois that 
13the revoked Firearm Owner's Identification Card has been 
14destroyed. 
15 (c) If the person whose Firearm Owner's Identification 
16Card has been revoked fails to comply with the requirements of 
17this Section, the sheriff or law enforcement agency where the 
18person resides may petition the circuit court to issue a 
19warrant to search for and seize the Firearm Owner's 
20Identification Card and firearms in the possession or under 
21the custody or control of the person whose Firearm Owner's 
22Identification Card has been revoked.
23 (d) A violation of subsection (a) of this Section is a 
24Class A misdemeanor.
25 (e) The observation of a Firearm Owner's Identification 
26Card in the possession of a person whose Firearm Owner's 
 
 
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1Identification Card has been revoked constitutes a sufficient 
2basis for the arrest of that person for violation of this 
3Section.
4 (f) Within 30 days after July 9, 2013 (the effective date 
5of Public Act 98-63) this amendatory Act of the 98th General 
6Assembly, the Illinois State Police shall provide written 
7notice of the requirements of this Section to persons whose 
8Firearm Owner's Identification Cards have been revoked, 
9suspended, or expired and who have failed to surrender their 
10cards to the Illinois State Police Department.
11 (g) A person whose Firearm Owner's Identification Card has 
12been revoked and who received notice under subsection (f) 
13shall comply with the requirements of this Section within 48 
14hours of receiving notice. 

15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
16revised 10-15-21.)

17 Section 10. The Code of Criminal Procedure of 1963 is 
18amended by changing Section 112A-14 as follows:



19 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


20 Sec. 112A-14. Domestic violence order of protection; 
21remedies. 

22 (a) (Blank).

23 (b) The court may order any of the remedies listed in this 
24subsection (b).
The remedies listed in this subsection (b) 
 
 
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1shall be in addition to other civil
or criminal remedies 
2available to petitioner.

3  (1) Prohibition of abuse. Prohibit respondent's 
4 harassment,
interference with personal liberty, 
5 intimidation of a dependent, physical
abuse, or willful 
6 deprivation, as defined in this Article, if such abuse has

7 occurred or otherwise appears likely to occur if not 
8 prohibited.

9  (2) Grant of exclusive possession of residence. 
10 Prohibit respondent
from entering or remaining in any 
11 residence, household, or premises of the petitioner,

12 including one owned or leased by respondent, if petitioner 
13 has a right
to occupancy thereof. The grant of exclusive 
14 possession of the residence, household, or premises
shall 
15 not affect title to real property, nor shall the court be 
16 limited by
the standard set forth in subsection (c-2) of 
17 Section 501 of the Illinois Marriage and
Dissolution of 
18 Marriage Act.

19   (A) Right to occupancy. A party has a right to 
20 occupancy of a
residence or household if it is
solely 
21 or jointly owned or leased by that party, that party's 
22 spouse, a
person with a legal duty to support that 
23 party or a minor child in that
party's care, or by any 
24 person or entity other than the opposing party that

25 authorizes that party's occupancy (e.g., a domestic 
26 violence shelter).
Standards set forth in subparagraph 
 
 
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1 (B) shall not preclude equitable relief.

2   (B) Presumption of hardships. If petitioner and 
3 respondent
each has the right to occupancy of a 
4 residence or household, the court
shall balance (i) 
5 the hardships to respondent and any minor child or

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

9 petitioner's care resulting from continued exposure to 
10 the risk of abuse (should
petitioner remain at the 
11 residence or household) or from loss of possession
of 
12 the residence or household (should petitioner leave to 
13 avoid the risk
of abuse). When determining the balance 
14 of hardships, the court shall also
take into account 
15 the accessibility of the residence or household.

16 Hardships need not be balanced if respondent does not 
17 have a right to occupancy.

18   The balance of hardships is presumed to favor 
19 possession by
petitioner unless the presumption is 
20 rebutted by a preponderance of the
evidence, showing 
21 that the hardships to respondent substantially 
22 outweigh
the hardships to petitioner and any minor 
23 child or dependent adult in petitioner's
care. The 
24 court, on the request of petitioner or on its own 
25 motion,
may order respondent to provide suitable, 
26 accessible, alternate housing
for petitioner instead 
 
 
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1 of
excluding respondent from a mutual residence or 
2 household.

3  (3) Stay away order and additional prohibitions.
Order 
4 respondent to stay away from petitioner or any other 
5 person
protected by the domestic violence order of 
6 protection, or prohibit respondent from entering
or 
7 remaining present at petitioner's school, place of 
8 employment, or other
specified places at times when 
9 petitioner is present, or both, if
reasonable, given
the 
10 balance of hardships. Hardships need not be balanced for 
11 the court
to enter a stay away order or prohibit entry
if 
12 respondent has no right to enter the premises.

13   (A) If a domestic violence order of protection 
14 grants petitioner exclusive possession
of the 
15 residence, prohibits respondent from entering the 
16 residence,
or orders respondent to stay away from 
17 petitioner or other
protected persons, then the court 
18 may allow respondent access to the
residence to remove 
19 items of clothing and personal adornment
used 
20 exclusively by respondent, medications, and other 
21 items as the court directs.
The right to access shall 
22 be exercised on only one occasion as the court directs

23 and in the presence of an agreed-upon adult third 
24 party or law enforcement officer.

25   (B) When the petitioner and the respondent attend 
26 the same public, private, or non-public elementary, 
 
 
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1 middle, or high school, the court when issuing a 
2 domestic violence order of protection and providing 
3 relief shall consider the severity of the act, any 
4 continuing physical danger or emotional distress to 
5 the petitioner, the educational rights guaranteed to 
6 the petitioner and respondent under federal and State 
7 law, the availability of a transfer of the respondent 
8 to another school, a change of placement or a change of 
9 program of the respondent, the expense, difficulty, 
10 and educational disruption that would be caused by a 
11 transfer of the respondent to another school, and any 
12 other relevant facts of the case. The court may order 
13 that the respondent not attend the public, private, or 
14 non-public elementary, middle, or high school attended 
15 by the petitioner, order that the respondent accept a 
16 change of placement or change of program, as 
17 determined by the school district or private or 
18 non-public school, or place restrictions on the 
19 respondent's movements within the school attended by 
20 the petitioner. The respondent bears the burden of 
21 proving by a preponderance of the evidence that a 
22 transfer, change of placement, or change of program of 
23 the respondent is not available. The respondent also 
24 bears the burden of production with respect to the 
25 expense, difficulty, and educational disruption that 
26 would be caused by a transfer of the respondent to 
 
 
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1 another school. A transfer, change of placement, or 
2 change of program is not unavailable to the respondent 
3 solely on the ground that the respondent does not 
4 agree with the school district's or private or 
5 non-public school's transfer, change of placement, or 
6 change of program or solely on the ground that the 
7 respondent fails or refuses to consent or otherwise 
8 does not take an action required to effectuate a 
9 transfer, change of placement, or change of program. 
10 When a court orders a respondent to stay away from the 
11 public, private, or non-public school attended by the 
12 petitioner and the respondent requests a transfer to 
13 another attendance center within the respondent's 
14 school district or private or non-public school, the 
15 school district or private or non-public school shall 
16 have sole discretion to determine the attendance 
17 center to which the respondent is transferred. If the 
18 court order results in a transfer of the minor 
19 respondent to another attendance center, a change in 
20 the respondent's placement, or a change of the 
21 respondent's program, the parents, guardian, or legal 
22 custodian of the respondent is responsible for 
23 transportation and other costs associated with the 
24 transfer or change.
25   (C) The court may order the parents, guardian, or 
26 legal custodian of a minor respondent to take certain 
 
 
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1 actions or to refrain from taking certain actions to 
2 ensure that the respondent complies with the order. If 
3 the court orders a transfer of the respondent to 
4 another school, the parents, guardian, or legal 
5 custodian of the respondent is responsible for 
6 transportation and other costs associated with the 
7 change of school by the respondent. 
8  (4) Counseling. Require or recommend the respondent to 
9 undergo
counseling for a specified duration with a social 
10 worker, psychologist,
clinical psychologist, 
11 psychiatrist, family service agency, alcohol or
substance 
12 abuse program, mental health center guidance counselor, 
13 agency
providing services to elders, program designed for 
14 domestic violence
abusers, or any other guidance service 
15 the court deems appropriate. The court may order the 
16 respondent in any intimate partner relationship to report 
17 to an Illinois Department of Human Services protocol 
18 approved partner abuse intervention program for an 
19 assessment and to follow all recommended treatment. 

20  (5) Physical care and possession of the minor child. 
21 In order to protect
the minor child from abuse, neglect, 
22 or unwarranted separation from the person
who has been the 
23 minor child's primary caretaker, or to otherwise protect 
24 the
well-being of the minor child, the court may do either 
25 or both of the following:
(i) grant petitioner physical 
26 care or possession of the minor child, or both, or
(ii) 
 
 
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1 order respondent to return a minor child to, or not remove 
2 a minor child
from, the physical care of a parent or person 
3 in loco parentis.

4  If the respondent is charged with abuse
(as defined in 
5 Section 112A-3 of this Code) of a minor child, there shall 
6 be a
rebuttable presumption that awarding physical care to 
7 respondent would not
be in the minor child's best 
8 interest.

9  (6) Temporary allocation of parental responsibilities 
10 and significant decision-making responsibilities.
Award 
11 temporary significant decision-making responsibility to 
12 petitioner in accordance with this Section,
the Illinois 
13 Marriage
and Dissolution of Marriage Act, the Illinois 
14 Parentage Act of 2015,
and this State's Uniform 
15 Child-Custody
Jurisdiction and Enforcement Act. 

16  If the respondent
is charged with abuse (as defined in 
17 Section 112A-3 of this Code) of a
minor child, there shall 
18 be a rebuttable presumption that awarding
temporary 
19 significant decision-making responsibility to respondent 
20 would not be in the
child's best interest.

21  (7) Parenting time. Determine the parenting time, if 
22 any, of respondent in any case in which the court
awards 
23 physical care or temporary significant decision-making 
24 responsibility of a minor child to
petitioner. The court 
25 shall restrict or deny respondent's parenting time with
a 
26 minor child if
the court finds that respondent has done or 
 
 
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1 is likely to do any of the
following:
2   (i) abuse or endanger the minor child during 
3 parenting time;
4   (ii) use the parenting time
as an opportunity to 
5 abuse or harass petitioner or
petitioner's family or 
6 household members;
7   (iii) improperly conceal or
detain the minor 
8 child; or
9   (iv) otherwise act in a manner that is not in
the 
10 best interests of the minor child. 
11  The court shall not be limited by the
standards set 
12 forth in Section 603.10 of the Illinois Marriage and

13 Dissolution of Marriage Act. If the court grants parenting 
14 time, the order
shall specify dates and times for the 
15 parenting time to take place or other
specific parameters 
16 or conditions that are appropriate. No order for parenting 
17 time
shall refer merely to the term "reasonable parenting 
18 time". Petitioner may deny respondent access to the minor 
19 child if, when
respondent arrives for parenting time, 
20 respondent is under the influence of drugs
or alcohol and 
21 constitutes a threat to the safety and well-being of

22 petitioner or petitioner's minor children or is behaving 
23 in a violent or abusive manner. If necessary to protect 
24 any member of petitioner's family or
household from future 
25 abuse, respondent shall be prohibited from coming to

26 petitioner's residence to meet the minor child for 
 
 
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1 parenting time, and the petitioner and respondent
shall 
2 submit to the court their recommendations for reasonable

3 alternative arrangements for parenting time. A person may 
4 be approved to
supervise parenting time only after filing 
5 an affidavit accepting
that responsibility and 
6 acknowledging accountability to the court.

7  (8) Removal or concealment of minor child.
Prohibit 
8 respondent from
removing a minor child from the State or 
9 concealing the child within the
State.

10  (9) Order to appear. Order the respondent to
appear in 
11 court, alone
or with a minor child, to prevent abuse, 
12 neglect, removal or concealment of
the child, to return 
13 the child to the custody or care of the petitioner, or
to 
14 permit any court-ordered interview or examination of the 
15 child or the
respondent.

16  (10) Possession of personal property. Grant petitioner 
17 exclusive
possession of personal property and, if 
18 respondent has possession or
control, direct respondent to 
19 promptly make it available to petitioner, if:

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

22   (ii) the petitioner and respondent own the 
23 property jointly; sharing it would risk
abuse of 
24 petitioner by respondent or is impracticable; and the 
25 balance of
hardships favors temporary possession by 
26 petitioner.

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

8  No order under this provision shall affect title to 
9 property.

10  (11) Protection of property. Forbid the respondent 
11 from taking,
transferring, encumbering, concealing, 
12 damaging, or otherwise disposing of
any real or personal 
13 property, except as explicitly authorized by the
court, 
14 if:

15   (i) petitioner, but not respondent, owns the 
16 property; or

17   (ii) the petitioner and respondent own the 
18 property jointly,
and the balance of hardships favors 
19 granting this remedy.

20  If petitioner's sole claim to ownership of the 
21 property is that it is
marital property, the court may 
22 grant petitioner relief under subparagraph
(ii) of this 
23 paragraph only if a proper proceeding has been filed under 
24 the
Illinois Marriage and Dissolution of Marriage Act, as 
25 now or hereafter amended.

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

4  (11.5) Protection of animals. Grant the petitioner the 
5 exclusive care, custody, or control of any animal owned, 
6 possessed, leased, kept, or held by either the petitioner 
7 or the respondent or a minor child residing in the 
8 residence or household of either the petitioner or the 
9 respondent and order the respondent to stay away from the 
10 animal and forbid the respondent from taking, 
11 transferring, encumbering, concealing, harming, or 
12 otherwise disposing of the animal.

13  (12) Order for payment of support. Order
respondent to 
14 pay temporary
support for the petitioner or any child in 
15 the petitioner's care or over whom the petitioner has been 
16 allocated parental responsibility, when the respondent has 
17 a legal obligation to support that person,
in accordance 
18 with the Illinois Marriage and Dissolution
of Marriage 
19 Act, which shall govern, among other matters, the amount 
20 of
support, payment through the clerk and withholding of 
21 income to secure
payment. An order for child support may 
22 be granted to a petitioner with
lawful physical care of a 
23 child, or an order or agreement for
physical care of a 
24 child, prior to entry of an order allocating significant 
25 decision-making responsibility.
Such a support order shall 
26 expire upon entry of a valid order allocating parental 
 
 
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1 responsibility differently and vacating petitioner's 
2 significant decision-making responsibility unless 
3 otherwise provided in the order.

4  (13) Order for payment of losses. Order
respondent to 
5 pay petitioner
for losses suffered as a direct result of 
6 the abuse. Such losses shall
include, but not be limited 
7 to, medical expenses, lost earnings or other
support, 
8 repair or replacement of property damaged or taken, 
9 reasonable
attorney's fees, court costs, and moving or 
10 other travel expenses, including
additional reasonable 
11 expenses for temporary shelter and restaurant meals.

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

21   (ii) Recovery of expenses. In the case of an 
22 improper concealment
or removal of a minor child, the 
23 court may order respondent to pay the reasonable

24 expenses incurred or to be incurred in the search for 
25 and recovery of the
minor child, including, but not 
26 limited to, legal fees, court costs, private

 
 
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1 investigator fees, and travel costs.

2  (14) Prohibition of entry. Prohibit the respondent 
3 from entering or
remaining in the residence or household 
4 while the respondent is under the
influence of alcohol or 
5 drugs and constitutes a threat to the safety and

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

7  (14.5) Prohibition of firearm possession. 
8   (A) A person who is subject to an existing 
9 domestic violence order of protection issued under 
10 this Code may not lawfully possess weapons or a 
11 Firearm Owner's Identification Card under Section 8.2 
12 of the Firearm Owners Identification Card Act and is 
13 subject to the requirements of subsection (a-1) of 
14 Section 214 of the Domestic Violence Act of 1986 and 
15 paragraph (14.5) or (14.6) of subsection (b) of 
16 Section 214 of the Domestic Violence Act of 1986, as 
17 applicable.
18   (B) Any firearms in the
possession of the 
19 respondent, except as provided in subparagraph (C) of 
20 this paragraph (14.5), shall be ordered by the court 
21 to be turned
over to a person with a valid Firearm 
22 Owner's Identification Card for surrender: safekeeping
23    (i) in the case of an ex parte order under 
24 Section 112A-17.5, for the duration of the 
25 domestic violence order of protection; or
26    (ii) in the case of a final order, for the 
 
 
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1 duration of the domestic violence order of 
2 protection or 2 years, whichever is longer. 
3   The court shall issue an order that the respondent 
4 comply with Section 9.5 of the Firearm Owners 
5 Identification Card Act.
Illinois
6   (C) If the respondent is a peace officer as 
7 defined in Section 2-13 of
the
Criminal Code of 2012, 
8 the court shall order that any firearms used by the

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

10 peace officer be surrendered to
the chief law 
11 enforcement executive of the agency in which the 
12 respondent is
employed, who shall retain the firearms 
13 for surrender: safekeeping
14    (i) in the case of an ex parte order under 
15 Section 112A-17.5, for the duration of the 
16 domestic violence order of protection; or
17    (ii) in the case of a final order, for the 
18 duration of the domestic violence order of 
19 protection or 2 years, whichever is longer.

20   (D) Upon expiration of the period of surrender 
21 safekeeping, if the firearms or Firearm Owner's 
22 Identification Card cannot be returned to respondent 
23 because respondent cannot be located, fails to respond 
24 to requests to retrieve the firearms, or is not 
25 lawfully eligible to possess a firearm, upon petition 
26 from the local law enforcement agency, the court may 
 
 
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1 order the local law enforcement agency to destroy the 
2 firearms, use the firearms for training purposes, or 
3 for any other application as deemed appropriate by the 
4 local law enforcement agency; or that the firearms be 
5 turned over to a third party who is lawfully eligible 
6 to possess firearms, and who does not reside with 
7 respondent. 
8  (15) Prohibition of access to records. If a domestic 
9 violence order of protection
prohibits respondent from 
10 having contact with the minor child,
or if petitioner's 
11 address is omitted under subsection (b) of
Section 112A-5 
12 of this Code, or if necessary to prevent abuse or wrongful 
13 removal or
concealment of a minor child, the order shall 
14 deny respondent access to, and
prohibit respondent from 
15 inspecting, obtaining, or attempting to
inspect or obtain, 
16 school or any other records of the minor child
who is in 
17 the care of 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
to effectuate one of the 
26 granted remedies, if supported by the balance of

 
 
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1 hardships. If the harm to be prevented by the injunction 
2 is abuse or any
other harm that one of the remedies listed 
3 in paragraphs (1) through (16)
of this subsection is 
4 designed to prevent, no further evidence is necessary
to 
5 establish that the harm is an irreparable injury.

6  (18) Telephone services.
7   (A) Unless a condition described in subparagraph 
8 (B) of this paragraph exists, the court may, upon 
9 request by the petitioner, order a wireless telephone 
10 service provider to transfer to the petitioner the 
11 right to continue to use a telephone number or numbers 
12 indicated by the petitioner and the financial 
13 responsibility associated with the number or numbers, 
14 as set forth in subparagraph (C) of this paragraph. In 
15 this paragraph (18), the term "wireless telephone 
16 service provider" means a provider of commercial 
17 mobile service as defined in 47 U.S.C. 332. The 
18 petitioner may request the transfer of each telephone 
19 number that the petitioner, or a minor child in his or 
20 her custody, uses. The clerk of the court shall serve 
21 the order on the wireless telephone service provider's 
22 agent for service of process provided to the Illinois 
23 Commerce Commission. The order shall contain all of 
24 the following: 
25    (i) The name and billing telephone number of 
26 the account holder including the name of the 
 
 
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1 wireless telephone service provider that serves 
2 the account.
3    (ii) Each telephone number that will be 
4 transferred.
5    (iii) A statement that the provider transfers 
6 to the petitioner all financial responsibility for 
7 and right to the use of any telephone number 
8 transferred under this paragraph.
9   (B) A wireless telephone service provider shall 
10 terminate the respondent's use of, and shall transfer 
11 to the petitioner use of, the telephone number or 
12 numbers indicated in subparagraph (A) of this 
13 paragraph unless it notifies the petitioner, within 72 
14 hours after it receives the order, that one of the 
15 following applies:
16    (i) The account holder named in the order has 
17 terminated the account.
18    (ii) A difference in network technology would 
19 prevent or impair the functionality of a device on 
20 a network if the transfer occurs.
21    (iii) The transfer would cause a geographic or 
22 other limitation on network or service provision 
23 to the petitioner.
24    (iv) Another technological or operational 
25 issue would prevent or impair the use of the 
26 telephone number if the transfer occurs.
 
 
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1   (C) The petitioner assumes all financial 
2 responsibility for and right to the use of any 
3 telephone number transferred under this paragraph. In 
4 this paragraph, "financial responsibility" includes 
5 monthly service costs and costs associated with any 
6 mobile device associated with the number.
7   (D) A wireless telephone service provider may 
8 apply to the petitioner its routine and customary 
9 requirements for establishing an account or 
10 transferring a number, including requiring the 
11 petitioner to provide proof of identification, 
12 financial information, and customer preferences.

13   (E) Except for willful or wanton misconduct, a 
14 wireless telephone service provider is immune from 
15 civil liability for its actions taken in compliance 
16 with a court order issued under this paragraph.
17   (F) All wireless service providers that provide 
18 services to residential customers shall provide to the 
19 Illinois Commerce Commission the name and address of 
20 an agent for service of orders entered under this 
21 paragraph (18). Any change in status of the registered 
22 agent must be reported to the Illinois Commerce 
23 Commission within 30 days of such change. 
24   (G) The Illinois Commerce Commission shall 
25 maintain the list of registered agents for service for 
26 each wireless telephone service provider on the 
 
 
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1 Commission's website. The Commission may consult with 
2 wireless telephone service providers and the Circuit 
3 Court Clerks on the manner in which this information 
4 is provided and displayed. 
5 (c) Relevant factors; findings.

6  (1) In determining whether to grant a
specific remedy, 
7 other than payment of support, the
court shall consider 
8 relevant factors, including, but not limited to, the

9 following:

10   (i) the nature, frequency, severity, pattern, and 
11 consequences of the
respondent's past abuse of the 
12 petitioner or any family or household
member, 
13 including the concealment of his or her location in 
14 order to evade
service of process or notice, and the 
15 likelihood of danger of future abuse to
petitioner or

16 any member of petitioner's or respondent's family or 
17 household; and

18   (ii) the danger that any minor child will be 
19 abused or neglected or
improperly relocated from the 
20 jurisdiction, improperly concealed within the
State, 
21 or improperly separated from the child's primary 
22 caretaker.

23  (2) In comparing relative hardships resulting to the 
24 parties from loss
of possession of the family home, the 
25 court shall consider relevant
factors, including, but not 
26 limited to, the following:

 
 
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1   (i) availability, accessibility, cost, safety, 
2 adequacy, location, and other
characteristics of 
3 alternate housing for each party and any minor child 
4 or
dependent adult in the party's care;

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

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

9  (3) Subject to the exceptions set forth in paragraph 
10 (4) of this
subsection (c), the court shall make its 
11 findings in an official record or in
writing, and shall at 
12 a minimum set forth the following:

13   (i) That the court has considered the applicable 
14 relevant factors
described in paragraphs (1) and (2) 
15 of this subsection (c).

16   (ii) Whether the conduct or actions of respondent, 
17 unless
prohibited, will likely cause irreparable harm 
18 or continued abuse.

19   (iii) Whether it is necessary to grant the 
20 requested relief in order
to protect petitioner or 
21 other alleged abused persons.

22  (4) (Blank).

23  (5) Never married parties. No rights or 
24 responsibilities for a minor
child born outside of 
25 marriage attach to a putative father until a father and

26 child relationship has been established under the Illinois 
 
 
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1 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
2 the Illinois Public Aid Code, Section 12 of the Vital 
3 Records Act, the Juvenile Court Act of 1987, the Probate 
4 Act of 1975, the Uniform Interstate Family Support Act, 
5 the Expedited Child Support Act of 1990, any judicial, 
6 administrative, or other act of another state or 
7 territory, any other statute of this State, or by any 
8 foreign nation establishing the father and child 
9 relationship, any other proceeding substantially in 
10 conformity with the federal Personal Responsibility and 
11 Work Opportunity Reconciliation Act of 1996, or when both 
12 parties appeared in open court or at an administrative 
13 hearing acknowledging under oath or admitting by 
14 affirmation the existence of a father and child 
15 relationship. Absent such an adjudication, no putative 
16 father shall be granted
temporary allocation of parental 
17 responsibilities, including parenting time with the minor 
18 child, or
physical care
and possession of the minor child, 
19 nor shall
an order of payment for support of the minor 
20 child be entered.

21 (d) Balance of hardships; findings. If the court finds 
22that the balance
of hardships does not support the granting of 
23a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

24subsection (b) of this Section,
which may require such 
25balancing, the court's findings shall so
indicate and shall 
26include a finding as to whether granting the remedy will

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

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

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

9  (2) respondent was voluntarily intoxicated;

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

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

16  (5) petitioner left the residence or household to 
17 avoid further abuse
by respondent;

18  (6) petitioner did not leave the residence or 
19 household to avoid further
abuse by respondent; or 

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

24(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
25102-538, eff. 8-20-21; revised 11-2-21.)


 
 
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1 Section 15. The Illinois Domestic Violence Act of 1986 is 
2amended by changing Sections 214, 217, and 223 as follows:



3 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

4 Sec. 214. Order of protection; remedies. 

5 (a) Issuance of order. If the court finds that petitioner 
6has been
abused by a family or household member or that 
7petitioner is a high-risk
adult who has been abused, 
8neglected, or exploited, as defined in this Act,
an order of 
9protection prohibiting the abuse, neglect, or exploitation

10shall issue; provided that petitioner must also satisfy the 
11requirements of
one of the following Sections, as appropriate: 
12Section 217 on emergency
orders, Section 218 on interim 
13orders, or Section 219 on plenary orders.
Petitioner shall not 
14be denied an order of protection because petitioner or

15respondent is a minor. The court, when determining whether or 
16not to issue
an order of protection, shall not require 
17physical manifestations of abuse
on the person of the victim. 
18Modification and extension of prior
orders of protection shall 
19be in accordance with this Act.
20 (a-1) If the respondent to an order of protection issued 
21under subsection (a) is subject to paragraph (14.5) or (14.6) 
22of subsection (b), the order of protection shall also include 
23an order to surrender firearms. The order to surrender 
24firearms shall require the respondent to surrender any firearm 
25on the day the respondent is served with the order of 
 
 
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1protection. Upon the respondent surrendering any firearm to 
2the appropriate law enforcement agency, the law enforcement 
3agency shall provide a statement of receipt of any firearm, 
4with a description of any firearm surrendered, to the 
5respondent and the court. This statement of receipt shall be 
6considered proof of compliance with an order to surrender 
7firearms and may be presented as proof at a hearing.
8 The failure to surrender any firearm within 24 hours to 
9the appropriate law enforcement agency under an order to 
10surrender firearms shall constitute contempt of court for the 
11violation of the terms of the order of protection.
12 Within 30 days of the effective date of this amendatory 
13Act of the 102nd General Assembly, the Supreme Court shall 
14adopt a form for an order to surrender firearms and update any 
15existing forms for an order of protection to reflect the 
16changes made by this amendatory Act of the 102nd General 
17Assembly. The form for an order to surrender firearms shall 
18also include forms for a declaration of surrender of firearms, 
19proof of surrender, declaration of nonsurrender, and order to 
20release firearms. 

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

26remedies listed in this subsection shall be in addition to 
 
 
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1other civil or
criminal remedies available to petitioner.

2  (1) Prohibition of abuse, neglect, or exploitation. 
3 Prohibit
respondent's harassment, interference with 
4 personal liberty, intimidation
of a dependent, physical 
5 abuse, or willful deprivation, neglect or
exploitation, as 
6 defined in this Act, or stalking of the petitioner, as 
7 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
8 such abuse, neglect,
exploitation, or stalking has 
9 occurred or otherwise appears likely to occur if
not 
10 prohibited.

11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent from
entering or remaining in any 
13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner 
15 has a right to
occupancy thereof. The grant of exclusive 
16 possession of the residence, household, or premises shall 
17 not
affect title to real property, nor shall the court be 
18 limited by the standard
set forth in subsection (c-2) of 
19 Section 501 of the Illinois Marriage and Dissolution of 
20 Marriage
Act.

21   (A) Right to occupancy. A party has a right to 
22 occupancy of a
residence or household if it is solely 
23 or jointly owned or leased by that
party, that party's 
24 spouse, a person with a legal duty to support that 
25 party or
a minor child in that party's care, or by any 
26 person or entity other than the
opposing party that 
 
 
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1 authorizes that party's occupancy (e.g., a domestic

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

4   (B) Presumption of hardships. If petitioner and 
5 respondent
each has the right to occupancy of a 
6 residence or household, the court
shall balance (i) 
7 the hardships to respondent and any minor child or

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

11 petitioner's care resulting from continued exposure to 
12 the risk of abuse
(should petitioner remain at the 
13 residence or household) or from loss of
possession of 
14 the residence or household (should petitioner leave to 
15 avoid the
risk of abuse). When determining the balance 
16 of hardships, the court shall
also take into account 
17 the accessibility of the residence or household.

18 Hardships need not be balanced if respondent does not 
19 have a right to
occupancy.

20   The balance of hardships is presumed to favor 
21 possession by
petitioner unless the presumption is 
22 rebutted by a preponderance of the
evidence, showing 
23 that the hardships to respondent substantially 
24 outweigh
the hardships to petitioner and any minor 
25 child or dependent adult in
petitioner's care. The 
26 court, on the request of petitioner or on its own

 
 
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1 motion, may order respondent to provide suitable, 
2 accessible, alternate housing
for petitioner instead 
3 of excluding respondent from a mutual residence or

4 household.

5  (3) Stay away order and additional prohibitions.
Order 
6 respondent to stay away from petitioner or any other 
7 person
protected by the order of protection, or prohibit 
8 respondent from entering
or remaining present at 
9 petitioner's school, place of employment, or other

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

14 right to enter the premises.

15   (A) If an order of protection grants petitioner 
16 exclusive possession
of the residence, or prohibits 
17 respondent from entering the residence,
or orders 
18 respondent to stay away from petitioner or other

19 protected persons, then the court may allow respondent 
20 access to the
residence to remove items of clothing 
21 and personal adornment
used exclusively by respondent, 
22 medications, and other items as the court
directs. The 
23 right to access shall be exercised on only one 
24 occasion as the
court directs and in the presence of an 
25 agreed-upon adult third party or law
enforcement 
26 officer.

 
 
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1   (B) When the petitioner and the respondent attend 
2 the same public, private, or non-public elementary, 
3 middle, or high school, the court when issuing an 
4 order of protection and providing relief shall 
5 consider the severity of the act, any continuing 
6 physical danger or emotional distress to the 
7 petitioner, the educational rights guaranteed to the 
8 petitioner and respondent under federal and State law, 
9 the availability of a transfer of the respondent to 
10 another school, a change of placement or a change of 
11 program of the respondent, the expense, difficulty, 
12 and educational disruption that would be caused by a 
13 transfer of the respondent to another school, and any 
14 other relevant facts of the case. The court may order 
15 that the respondent not attend the public, private, or 
16 non-public elementary, middle, or high school attended 
17 by the petitioner, order that the respondent accept a 
18 change of placement or change of program, as 
19 determined by the school district or private or 
20 non-public school, or place restrictions on the 
21 respondent's movements within the school attended by 
22 the petitioner.
The respondent bears the burden of 
23 proving by a preponderance of the evidence that a 
24 transfer, change of placement, or change of program of 
25 the respondent is not available. The respondent also 
26 bears the burden of production with respect to the 
 
 
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1 expense, difficulty, and educational disruption that 
2 would be caused by a transfer of the respondent to 
3 another school. A transfer, change of placement, or 
4 change of program is not unavailable to the respondent 
5 solely on the ground that the respondent does not 
6 agree with the school district's or private or 
7 non-public school's transfer, change of placement, or 
8 change of program or solely on the ground that the 
9 respondent fails or refuses to consent or otherwise 
10 does not take an action required to effectuate a 
11 transfer, change of placement, or change of program.

12 When a court orders a respondent to stay away from the 
13 public, private, or non-public school attended by the 
14 petitioner and the respondent requests a transfer to 
15 another attendance center within the respondent's 
16 school district or private or non-public school, the 
17 school district or private or non-public school shall 
18 have sole discretion to determine the attendance 
19 center to which the respondent is transferred.
In the 
20 event the court order results in a transfer of the 
21 minor respondent to another attendance center, a 
22 change in the respondent's placement, or a change of 
23 the respondent's program, the parents, guardian, or 
24 legal custodian of the respondent is responsible for 
25 transportation and other costs associated with the 
26 transfer or change. 
 
 
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1   (C) The court may order the parents, guardian, or 
2 legal custodian of a minor respondent to take certain 
3 actions or to refrain from taking certain actions to 
4 ensure that the respondent complies with the order. In 
5 the event the court orders a transfer of the 
6 respondent to another school, the parents, guardian, 
7 or legal custodian of the respondent is responsible 
8 for transportation and other costs associated with the 
9 change of school by the respondent. 
10  (4) Counseling. Require or recommend the respondent to 
11 undergo
counseling for a specified duration with a social 
12 worker, psychologist,
clinical psychologist, 
13 psychiatrist, family service agency, alcohol or
substance 
14 abuse program, mental health center guidance counselor, 
15 agency
providing services to elders, program designed for 
16 domestic violence
abusers or any other guidance service 
17 the court deems appropriate. The Court may order the 
18 respondent in any intimate partner relationship to report 
19 to an Illinois Department of Human Services protocol 
20 approved partner abuse intervention program for an 
21 assessment and to follow all recommended treatment. 

22  (5) Physical care and possession of the minor child. 
23 In order to protect
the minor child from abuse, neglect, 
24 or unwarranted separation from the person
who has been the 
25 minor child's primary caretaker, or to otherwise protect 
26 the
well-being of the minor child, the court may do either 
 
 
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1 or both of the
following: (i) grant petitioner physical 
2 care or possession of the minor child,
or both, or (ii) 
3 order respondent to return a minor child to, or not remove 
4 a
minor child from, the physical care of a parent or person 
5 in loco parentis.

6  If a court finds, after a hearing, that respondent has 
7 committed abuse
(as defined in Section 103) of a minor 
8 child, there shall be a
rebuttable presumption that 
9 awarding physical care to respondent would not
be in the 
10 minor child's best interest.

11  (6) Temporary allocation of parental responsibilities: 
12 significant decision-making. Award temporary 
13 decision-making responsibility to petitioner
in accordance 
14 with this Section, the Illinois Marriage and Dissolution 
15 of
Marriage Act, the Illinois Parentage Act of 2015, and 
16 this State's Uniform
Child-Custody Jurisdiction and 
17 Enforcement Act. 

18  If a court finds, after a hearing, that respondent has 
19 committed abuse (as
defined in Section 103) of a minor 
20 child, there shall be a rebuttable
presumption that 
21 awarding temporary significant decision-making 
22 responsibility to respondent would not be in
the child's 
23 best interest.

24  (7) Parenting time. Determine the parenting time, if 
25 any, of respondent in
any case in which the court awards 
26 physical care or allocates temporary significant 
 
 
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1 decision-making responsibility of
a minor child to 
2 petitioner. The court shall restrict or deny respondent's 
3 parenting time
with a minor child if the court finds that 
4 respondent has done or is
likely to do any of the 
5 following: (i) abuse or endanger the minor child during 
6 parenting time; (ii) use the parenting time as an 
7 opportunity to abuse or harass
petitioner or petitioner's 
8 family or household members; (iii) improperly
conceal or 
9 detain the minor child; or (iv) otherwise act in a manner 
10 that is
not in the best interests of the minor child. The 
11 court shall not be limited
by the standards set forth in 
12 Section 603.10 of the Illinois Marriage and
Dissolution of 
13 Marriage Act. If the court grants parenting time, the 
14 order shall
specify dates and times for the parenting time 
15 to take place or other specific
parameters or conditions 
16 that are appropriate. No order for parenting time shall

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

18  Petitioner may deny respondent access to the minor 
19 child if, when
respondent arrives for parenting time, 
20 respondent is under the influence of drugs
or alcohol and 
21 constitutes a threat to the safety and well-being of

22 petitioner or petitioner's minor children or is behaving 
23 in a violent or
abusive manner.

24  If necessary to protect any member of petitioner's 
25 family or
household from future abuse, respondent shall be 
26 prohibited from coming to
petitioner's residence to meet 
 
 
10200HB2541ham001- 37 -LRB102 11879 LNS 35600 a


1 the minor child for parenting time, and the
parties shall 
2 submit to the court their recommendations for reasonable

3 alternative arrangements for parenting time. A person may 
4 be approved to
supervise parenting time only after filing 
5 an affidavit accepting
that responsibility and 
6 acknowledging accountability to the court.

7  (8) Removal or concealment of minor child. Prohibit 
8 respondent from
removing a minor child from the State or 
9 concealing the child within the State.


10  (9) Order to appear. Order the respondent to appear in 
11 court, alone
or with a minor child, to prevent abuse, 
12 neglect, removal or concealment of
the child, to return 
13 the child to the custody or care of the petitioner or
to 
14 permit any court-ordered interview or examination of the 
15 child or the
respondent.

16  (10) Possession of personal property. Grant petitioner 
17 exclusive
possession of personal property and, if 
18 respondent has possession or
control, direct respondent to 
19 promptly make it available to petitioner, if:

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

22   (ii) the parties own the property jointly; sharing 
23 it would risk
abuse of petitioner by respondent or is 
24 impracticable; and the balance of
hardships favors 
25 temporary possession by petitioner.

26  If petitioner's sole claim to ownership of the 
 
 
10200HB2541ham001- 38 -LRB102 11879 LNS 35600 a


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 parties own the property jointly,
and the 
17 balance of hardships favors granting this remedy.

18  If petitioner's sole claim to ownership of the 
19 property is that it is
marital property, the court may 
20 grant petitioner relief under subparagraph
(ii) of this 
21 paragraph only if a proper proceeding has been filed under 
22 the
Illinois Marriage and Dissolution of Marriage Act, as 
23 now or hereafter amended.

24  The court may further prohibit respondent from 
25 improperly using the
financial or other resources of an 
26 aged member of the family or household
for the profit or 
 
 
10200HB2541ham001- 39 -LRB102 11879 LNS 35600 a


1 advantage of respondent or of any other person.

2  (11.5) Protection of animals. Grant the petitioner the 
3 exclusive care, custody, or control of any animal owned, 
4 possessed, leased, kept, or held by either the petitioner 
5 or the respondent or a minor child residing in the 
6 residence or household of either the petitioner or the 
7 respondent and order the respondent to stay away from the 
8 animal and forbid the respondent from taking, 
9 transferring, encumbering, concealing, harming, or 
10 otherwise disposing of the animal.

11  (12) Order for payment of support. Order respondent to 
12 pay temporary
support for the petitioner or any child in 
13 the petitioner's care or over whom the petitioner has been 
14 allocated parental responsibility, when the respondent has 
15 a legal obligation to support that person,
in accordance 
16 with the Illinois Marriage and Dissolution
of Marriage 
17 Act, which shall govern, among other matters, the amount 
18 of
support, payment through the clerk and withholding of 
19 income to secure
payment. An order for child support may 
20 be granted to a petitioner with
lawful physical care of a 
21 child, or an order or agreement for
physical care of a 
22 child, prior to entry of an order allocating significant 
23 decision-making responsibility.
Such a support order shall 
24 expire upon entry of a valid order allocating parental 
25 responsibility differently and vacating the petitioner's 
26 significant decision-making authority, unless otherwise 
 
 
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1 provided in the order.

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

6 earnings or other support, repair or replacement of 
7 property damaged or taken,
reasonable attorney's fees, 
8 court costs and moving or other travel expenses,
including 
9 additional reasonable expenses for temporary shelter and 
10 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 firearm possession; plenary 
7 orders.

8   (a) In the case of a granted plenary order, 
9 prohibit Prohibit a respondent against whom an order 
10 of protection was issued from possessing any firearms 
11 during the duration of the order or 2 years, whichever 
12 is longer, if the order:
13    (1) was issued after a hearing of which such 
14 person received
actual notice, and at which such 
15 person had an opportunity to
participate;
16    (2) restrains such person from harassing, 
17 stalking, or
threatening an intimate partner of 
18 such person or child of such
intimate partner or 
19 person, or engaging in other conduct that
would 
20 place an intimate partner in reasonable fear of 
21 bodily
injury to the partner or child; and
22    (3)(i) includes a finding that such person 
23 represents a
credible threat to the physical 
24 safety of such intimate partner
or child; or
(ii) 
25 by its terms explicitly prohibits the use, 
26 attempted
use, or threatened use of physical force 
 
 
10200HB2541ham001- 42 -LRB102 11879 LNS 35600 a


1 against such intimate
partner or child that would 
2 reasonably be expected to cause
bodily injury.
3   Any Firearm Owner's Identification Card in the

4 possession of the respondent, except as provided in 
5 subparagraph subsection (b), shall be revoked or 
6 suspended consistent with Section 8.2 of the Firearm 
7 Owners Identification Act, and the respondent shall be 
8 ordered by the court to surrender the card and any 
9 firearm in the respondent's possession consistent with 
10 Sections 8.2, 8.3, and 9.5 of the Firearm Owners 
11 Identification Act. If the card is suspended, the be 
12 turned
over to the local law enforcement agency. The 
13 local law enforcement agency shall immediately mail 
14 the card to the Illinois State Police Firearm Owner's 
15 Identification Card Office
for safekeeping. The court 
16 shall
issue a warrant for seizure of any firearm in the 
17 possession of the respondent, to be kept by the local 
18 law enforcement agency for safekeeping, except as 
19 provided in subsection (b).
The period of surrender 
20 safekeeping shall be for the duration of the order of 
21 protection. If the card is revoked, the period of 
22 surrender shall be for the duration of the order of 
23 protection or 2 years, whichever is longer. The 
24 Illinois State Police shall make notification to the 
25 local law enforcement with jurisdiction of the 
26 suspension or revocation. The firearm or firearms and 
 
 
10200HB2541ham001- 43 -LRB102 11879 LNS 35600 a


1 Firearm Owner's Identification Card, if unexpired, 
2 shall at the respondent's request, be returned to the 
3 respondent at the end
of the order of protection. It is 
4 the respondent's responsibility to notify the Illinois 
5 State Police Firearm Owner's Identification Card 
6 Office. 

7   (b) If the respondent is a peace officer as 
8 defined in Section 2-13 of
the
Criminal Code of 2012, 
9 the court shall order that any firearms used by the

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

11 peace officer be surrendered to
the chief law 
12 enforcement executive of the agency in which the 
13 respondent is
employed, who shall retain the firearms 
14 for surrender safekeeping for the duration of the 
15 order of protection or 2 years, whichever is longer.

16   (c) Upon expiration of the period of surrender 
17 safekeeping, if the firearms or Firearm Owner's 
18 Identification Card cannot be returned to the 
19 respondent because the respondent cannot be located, 
20 fails to respond to requests to retrieve the firearms, 
21 or is not lawfully eligible to possess a firearm, upon 
22 petition from the local law enforcement agency, the 
23 court may order the local law enforcement agency to 
24 destroy the firearms, use the firearms for training 
25 purposes, or for any other application as deemed 
26 appropriate by the local law enforcement agency; or 
 
 
10200HB2541ham001- 44 -LRB102 11879 LNS 35600 a


1 that the firearms be turned over to a third party who 
2 is lawfully eligible to possess firearms, and who does 
3 not reside with the respondent.
4   (d) A respondent who has surrendered a firearm 
5 under this paragraph shall not purchase a firearm for 
6 the period of surrender. A respondent who has 
7 surrendered a firearm under this paragraph shall not 
8 possess or have access to any firearm regardless of 
9 whether the firearm belongs to another person or if 
10 the respondent is residing with another person who 
11 owns a firearm and keeps the firearm at the residence.
12   (e) Upon expiration of the period of surrender, 
13 any surrendered firearm may only be returned to a 
14 respondent if a judicial officer has signed an order 
15 to release firearms stating that the order of 
16 protection is no longer in effect and the period of 
17 surrender has expired. 
18  (14.6) Prohibition of firearm possession; emergency 
19 orders.

20   (a) Any Firearm Owner's Identification Card in the 
21 possession of the respondent, except as provided in 
22 subparagraph (b), shall be suspended consistent with 
23 Section 8.2 of the Firearm Owners Identification Act, 
24 and the respondent shall be ordered by the court to 
25 surrender the card and any firearm in the respondent's 
26 possession consistent with Sections 8.3 and 9.5 of the 
 
 
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1 Firearm Owners Identification Act. The period of 
2 surrender shall be for the duration of the order of 
3 protection.

4   (b) If the respondent is a peace officer as 
5 defined in Section 2-13 of
the
Criminal Code of 2012, 
6 the court shall order that any firearms used by the

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

8 peace officer be surrendered to
the chief law 
9 enforcement executive of the agency in which the 
10 respondent is
employed, who shall retain the firearms 
11 for surrender for the duration of the order of 
12 protection.

13   (c) Upon expiration of the period of surrender, if 
14 the firearms or Firearm Owner's Identification Card 
15 cannot be returned to respondent because respondent 
16 cannot be located, fails to respond to requests to 
17 retrieve the firearms, or is not lawfully eligible to 
18 possess a firearm, upon petition from the local law 
19 enforcement agency, the court may order the local law 
20 enforcement agency to destroy the firearms, use the 
21 firearms for training purposes, or for any other 
22 application as deemed appropriate by the local law 
23 enforcement agency; or that the firearms be turned 
24 over to a third party who is lawfully eligible to 
25 possess firearms, and who does not reside with 
26 respondent.
 
 
10200HB2541ham001- 46 -LRB102 11879 LNS 35600 a


1   (d) A respondent who has surrendered a firearm 
2 under this paragraph shall not purchase a firearm for 
3 the period of surrender. A respondent who has 
4 surrendered a firearm under this paragraph shall not 
5 possess or have access to any firearm regardless of 
6 whether the firearm belongs to another person or if 
7 the respondent is residing with another person who 
8 owns a firearm and keeps the firearm at the residence. 
9   (e) Upon expiration of the period of surrender, 
10 any surrendered firearm may only be returned to a 
11 respondent if a judicial officer has signed an order 
12 to release firearms stating that the order of 
13 protection is no longer in effect and the period of 
14 surrender has expired. 
15  (15) Prohibition of access to records. If an order of 
16 protection
prohibits respondent from having contact with 
17 the minor child,
or if petitioner's address is omitted 
18 under subsection (b) of
Section 203, or if necessary to 
19 prevent abuse or wrongful removal or
concealment of a 
20 minor child, the order shall deny respondent access to, 
21 and
prohibit respondent from inspecting, obtaining, or 
22 attempting to
inspect or obtain, school or any other 
23 records of the minor child
who is in the care of 
24 petitioner.

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

4  (17) Order for injunctive relief. Enter injunctive 
5 relief necessary
or appropriate to prevent further abuse 
6 of a family or household member
or further abuse, neglect, 
7 or exploitation of a high-risk adult with
disabilities or 
8 to effectuate one of the granted remedies, if supported by 
9 the
balance of hardships. If the harm to be prevented by 
10 the injunction is abuse
or any other harm that one of the 
11 remedies listed in paragraphs (1) through
(16) of this 
12 subsection is designed to prevent, no further evidence is

13 necessary that the harm is an irreparable injury.

14  (18) Telephone services.
15   (A) Unless a condition described in subparagraph 
16 (B) of this paragraph exists, the court may, upon 
17 request by the petitioner, order a wireless telephone 
18 service provider to transfer to the petitioner the 
19 right to continue to use a telephone number or numbers 
20 indicated by the petitioner and the financial 
21 responsibility associated with the number or numbers, 
22 as set forth in subparagraph (C) of this paragraph. 
23 For purposes of this paragraph (18), the term 
24 "wireless telephone service provider" means a provider 
25 of commercial mobile service as defined in 47 U.S.C. 
26 332. The petitioner may request the transfer of each 
 
 
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1 telephone number that the petitioner, or a minor child 
2 in his or her custody, uses. The clerk of the court 
3 shall serve the order on the wireless telephone 
4 service provider's agent for service of process 
5 provided to the Illinois Commerce Commission. The 
6 order shall contain all of the following:
7    (i) The name and billing telephone number of 
8 the account holder including the name of the 
9 wireless telephone service provider that serves 
10 the account.
11    (ii) Each telephone number that will be 
12 transferred.
13    (iii) A statement that the provider transfers 
14 to the petitioner all financial responsibility for 
15 and right to the use of any telephone number 
16 transferred under this paragraph.
17   (B) A wireless telephone service provider shall 
18 terminate the respondent's use of, and shall transfer 
19 to the petitioner use of, the telephone number or 
20 numbers indicated in subparagraph (A) of this 
21 paragraph unless it notifies the petitioner, within 72 
22 hours after it receives the order, that one of the 
23 following applies:
24    (i) The account holder named in the order has 
25 terminated the account.
26    (ii) A difference in network technology would 
 
 
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1 prevent or impair the functionality of a device on 
2 a network if the transfer occurs.
3    (iii) The transfer would cause a geographic or 
4 other limitation on network or service provision 
5 to the petitioner.
6    (iv) Another technological or operational 
7 issue would prevent or impair the use of the 
8 telephone number if the transfer occurs.
9   (C) The petitioner assumes all financial 
10 responsibility for and right to the use of any 
11 telephone number transferred under this paragraph. In 
12 this paragraph, "financial responsibility" includes 
13 monthly service costs and costs associated with any 
14 mobile device associated with the number.
15   (D) A wireless telephone service provider may 
16 apply to the petitioner its routine and customary 
17 requirements for establishing an account or 
18 transferring a number, including requiring the 
19 petitioner to provide proof of identification, 
20 financial information, and customer preferences.

21   (E) Except for willful or wanton misconduct, a 
22 wireless telephone service provider is immune from 
23 civil liability for its actions taken in compliance 
24 with a court order issued under this paragraph.
25   (F) All wireless service providers that provide 
26 services to residential customers shall provide to the 
 
 
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1 Illinois Commerce Commission the name and address of 
2 an agent for service of orders entered under this 
3 paragraph (18). Any change in status of the registered 
4 agent must be reported to the Illinois Commerce 
5 Commission within 30 days of such change. 
6   (G) The Illinois Commerce Commission shall 
7 maintain the list of registered agents for service for 
8 each wireless telephone service provider on the 
9 Commission's website. The Commission may consult with 
10 wireless telephone service providers and the Circuit 
11 Court Clerks on the manner in which this information 
12 is provided and displayed. 
13 (c) Relevant factors; findings.

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

16 relevant factors, including but not limited to the 
17 following:

18   (i) the nature, frequency, severity, pattern and 
19 consequences of the
respondent's past abuse, neglect 
20 or exploitation of the petitioner or
any family or 
21 household member, including the concealment of his or 
22 her
location in order to evade service of process or 
23 notice, and the likelihood of
danger of future abuse, 
24 neglect, or exploitation to petitioner or any member 
25 of
petitioner's or respondent's family or household; 
26 and

 
 
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1   (ii) the danger that any minor child will be 
2 abused or neglected or
improperly relocated from the 
3 jurisdiction, improperly concealed within the
State or 
4 improperly separated from the child's primary 
5 caretaker.

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

10   (i) availability, accessibility, cost, safety, 
11 adequacy, location and
other characteristics of 
12 alternate housing for each party and any minor child

13 or dependent adult in the party's care;

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

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

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

22   (i) That the court has considered the applicable 
23 relevant factors
described in paragraphs (1) and (2) 
24 of this subsection.

25   (ii) Whether the conduct or actions of respondent, 
26 unless
prohibited, will likely cause irreparable harm 
 
 
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1 or continued abuse.

2   (iii) Whether it is necessary to grant the 
3 requested relief in order
to protect petitioner or 
4 other alleged abused persons.

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

10  When a verified petition for an emergency order of 
11 protection in
accordance with the requirements of Sections 
12 203 and 217 is
presented to the court, the court shall 
13 examine petitioner on oath or
affirmation. An emergency 
14 order of protection shall be issued by the court
if it 
15 appears from the contents of the petition and the 
16 examination of
petitioner that the averments are 
17 sufficient to indicate abuse by
respondent and to support 
18 the granting of relief under the issuance of the
emergency 
19 order of protection.

20  (5) Never married parties. No rights or 
21 responsibilities for a minor
child born outside of 
22 marriage attach to a putative father until a father and

23 child relationship has been established under the Illinois 
24 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
25 the Illinois Public Aid Code, Section 12 of the Vital 
26 Records Act, the
Juvenile Court Act of 1987, the Probate 
 
 
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1 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
2 Support Act, the Uniform Interstate Family Support
Act, 
3 the Expedited Child Support Act of 1990, any judicial, 
4 administrative, or
other act of another state or 
5 territory, any other Illinois statute, or by any
foreign 
6 nation establishing the father and child relationship, any 
7 other
proceeding substantially in conformity with the 
8 Personal Responsibility and
Work Opportunity 
9 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
10 both
parties appeared in open court or at an 
11 administrative hearing acknowledging
under
oath or 
12 admitting by affirmation the existence of a father and 
13 child
relationship.
Absent such an adjudication, finding, 
14 or acknowledgment, no putative
father shall be granted

15 temporary allocation of parental responsibilities, 
16 including parenting time with the minor child, or
physical 
17 care and possession of the minor child, nor shall an order 
18 of payment
for support of the minor child be entered.

19 (d) Balance of hardships; findings. If the court finds 
20that the balance
of hardships does not support the granting of 
21a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
22subsection (b) of this Section,
which may require such 
23balancing, the court's findings shall so
indicate and shall 
24include a finding as to whether granting the remedy will

25result in hardship to respondent that would substantially 
26outweigh the hardship
to petitioner from denial of the remedy. 
 
 
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1The findings shall be an official
record or in writing.

2 (e) Denial of remedies. Denial of any remedy shall not be 
3based, in
whole or in part, on evidence that:

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

7  (2) Respondent was voluntarily intoxicated;

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

12  (4) Petitioner did not act in self-defense or defense 
13 of another;

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

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

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

25(Source: P.A. 102-538, eff. 8-20-21.)




 
 
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1 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)


2 Sec. 217. Emergency order of protection. 

3 (a) Prerequisites. An emergency order of protection shall 
4issue if
petitioner satisfies the requirements of this 
5subsection for one or more of the
requested remedies. For each 
6remedy requested, petitioner shall establish
that:

7  (1) The court has jurisdiction under Section 208;

8  (2) The requirements of Section 214 are satisfied; and

9  (3) There is good cause to grant the remedy, 
10 regardless of prior service
of process or of notice upon 
11 the respondent, because:

12   (i) For
the remedies of "prohibition of abuse" 
13 described in
Section 214(b)(1), "stay away order and 
14 additional prohibitions" described in
Section

15 214(b)(3), "removal or concealment of minor child" 
16 described in Section
214(b)(8), "order to appear" 
17 described in Section 214(b)(9), "physical
care and 
18 possession of the minor child" described in Section 
19 214(b)(5),
"protection of property" described in 
20 Section 214(b)(11), "prohibition
of entry" described 
21 in Section 214(b)(14), "prohibition of firearm 
22 possession" described in Section 214(b)(14.6) 
23 214(b)(14.5), "prohibition of access to
records" 
24 described in Section 214(b)(15), and "injunctive 
25 relief"
described in Section 214(b)(16), the harm 
26 which that remedy
is intended to prevent would be 
 
 
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1 likely to occur if the respondent were given
any prior 
2 notice, or greater notice than was actually given, of 
3 the
petitioner's efforts to obtain judicial relief;

4   (ii) For the remedy of "grant of exclusive 
5 possession of
residence" described in Section 
6 214(b)(2), the immediate danger of further
abuse of 
7 petitioner by respondent,
if petitioner chooses or had 
8 chosen to remain in the residence or household
while 
9 respondent was given any prior notice or greater 
10 notice than was
actually given of petitioner's efforts 
11 to obtain judicial relief,
outweighs the hardships to 
12 respondent of an emergency order
granting petitioner 
13 exclusive possession of the residence or household.

14 This remedy shall not be denied because petitioner has 
15 or could obtain
temporary shelter elsewhere while 
16 prior notice is given to respondent, unless
the

17 hardships to respondent from exclusion from the home 
18 substantially outweigh
those to petitioner;

19   (iii) For the remedy of "possession of personal 
20 property"
described in
Section 214(b)(10), improper 
21 disposition of the personal
property would be likely

22 to occur if respondent were given any prior notice, or 
23 greater notice than
was actually given, of 
24 petitioner's efforts to obtain judicial relief, or

25 petitioner has an immediate and pressing need for 
26 possession of that property.

 
 
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1 An emergency order may not include the counseling, legal 
2custody, payment
of support or monetary compensation remedies.

3 (a-5) When a petition for an emergency order of protection 
4is granted, the order shall not be publicly available until 
5the order is served on the respondent. 
6 (b) Appearance by respondent.
If respondent appears in 
7court for this hearing for an emergency order,
he or she may 
8elect to file a general appearance and testify.
Any resulting 
9order may be an emergency order, governed
by this Section.

10Notwithstanding the requirements of this Section, if all 
11requirements of
Section 218 have been met, the court may issue 
12a 30-day interim order.

13 (c) Emergency orders: court holidays and evenings.

14  (1) Prerequisites. When the court is unavailable at 
15 the close of
business, the petitioner may file a petition 
16 for a 21-day emergency order
before any available circuit 
17 judge or associate judge who may grant relief
under this 
18 Act. If the judge finds that there is an immediate and 
19 present
danger of abuse to petitioner and that petitioner 
20 has satisfied the
prerequisites set forth in subsection 
21 (a) of Section 217, that judge may
issue an emergency 
22 order of protection.

23  (1.5) Issuance of order. The chief judge of the 
24 circuit court
may designate for each county in the circuit 
25 at least one judge to be
reasonably available to
issue 
26 orally, by telephone, by facsimile, or otherwise, an 
 
 
10200HB2541ham001- 58 -LRB102 11879 LNS 35600 a


1 emergency
order of protection at all times, whether or not 
2 the court is in session.

3  (2) Certification and transfer. The judge who issued 
4 the order under this Section shall promptly communicate or 
5 convey the order to the sheriff to facilitate the entry of 
6 the order into the Law Enforcement Agencies Data System by 
7 the Illinois State Police pursuant to Section 302. Any 
8 order issued under this Section and
any documentation in 
9 support thereof shall be certified on the next court
day 
10 to the appropriate court. The clerk of that court shall 
11 immediately
assign a case number, file the petition, order 
12 and other documents with the
court, and enter the order of 
13 record and file it with the sheriff for
service, in 
14 accordance with Section 222. Filing the petition
shall 
15 commence proceedings for further relief under Section 202.

16 Failure to comply with the requirements of this subsection 
17 shall not
affect the validity of the order.

18(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21.)




19 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)


20 (Text of Section before amendment by P.A. 101-652)

21 Sec. 223. Enforcement of orders of protection. 

22 (a) When violation is crime. A violation of any order of 
23protection,
whether issued in a civil or criminal proceeding, 
24shall be enforced
by a
criminal court when:

25  (1) The respondent commits the crime of violation of 
 
 
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1 an order of
protection pursuant to Section 12-3.4 or 12-30 
2 of the Criminal Code of
1961 or the Criminal Code of 2012, 
3 by
having knowingly violated:

4   (i) remedies described in paragraphs (1), (2), 
5 (3), (14),
or (14.5), or (14.6) of
subsection (b) of 
6 Section 214 of this Act; or

7   (ii) a remedy, which is substantially similar to 
8 the remedies
authorized under paragraphs (1), (2), 
9 (3), (14), and (14.5), and (14.6) of subsection (b)
of 
10 Section 214 of this Act, in a valid order of protection 
11 which is authorized
under the laws of another state, 
12 tribe, or United States territory; or

13   (iii) any other remedy when the act
constitutes a 
14 crime against the protected parties as defined by the

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

16  Prosecution for a violation of an order of
protection 
17 shall not bar concurrent prosecution for any other crime,

18 including any crime that may have been committed at the 
19 time of the
violation of the order of protection; or

20  (2) The respondent commits the crime of child 
21 abduction pursuant
to Section 10-5 of the Criminal Code of 
22 1961 or the Criminal Code of 2012, by having knowingly 
23 violated:

24   (i) remedies described in paragraphs (5), (6) or 
25 (8) of subsection
(b) of
Section 214 of this Act; or

26   (ii) a remedy, which is substantially similar to 
 
 
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1 the remedies
authorized under paragraphs (5), (6), or 
2 (8) of subsection (b) of Section 214
of this Act, in a 
3 valid order of protection which is authorized under 
4 the laws
of another state, tribe, or United States 
5 territory.

6 (b) When violation is contempt of court. A violation of 
7any valid
Illinois order of protection, whether issued in a 
8civil or criminal
proceeding, may be enforced through civil or 
9criminal contempt procedures,
as appropriate, by any court 
10with jurisdiction, regardless where the act or
acts which 
11violated the order of protection were committed, to the extent

12consistent with the venue provisions of this Act. Nothing in 
13this Act
shall preclude any Illinois court from enforcing any 
14valid order of
protection issued in another state. Illinois 
15courts may enforce orders of
protection through both criminal 
16prosecution and contempt proceedings,
unless the action which 
17is second in time is barred by collateral estoppel
or the 
18constitutional prohibition against double jeopardy.

19  (1) In a contempt proceeding where the petition for a 
20 rule to show
cause sets forth facts evidencing an 
21 immediate danger that the
respondent will flee the 
22 jurisdiction, conceal a child, or inflict physical
abuse 
23 on the petitioner or minor children or on dependent adults 
24 in
petitioner's care, the court may order the
attachment 
25 of the respondent without prior service of the rule to 
26 show
cause or the petition for a rule to show cause. Bond 
 
 
10200HB2541ham001- 61 -LRB102 11879 LNS 35600 a


1 shall be set unless
specifically denied in writing.

2  (2) A petition for a rule to show cause for violation 
3 of an order of
protection shall be treated as an expedited 
4 proceeding.

5 (b-1) The court shall not hold a school district or 
6private or non-public school or any of its employees in civil 
7or criminal contempt unless the school district or private or 
8non-public school has been allowed to intervene.
9 (b-2) The court may hold the parents, guardian, or legal 
10custodian of a minor respondent in civil or criminal contempt 
11for a violation of any provision of any order entered under 
12this Act for conduct of the minor respondent in violation of 
13this Act if the
parents, guardian, or legal custodian 
14directed, encouraged, or assisted the respondent minor in such 
15conduct. 
16 (c) Violation of custody or support orders or temporary or 
17final judgments allocating parental responsibilities. A 
18violation of remedies
described in paragraphs (5), (6), (8), 
19or (9) of subsection (b) of Section
214 of this Act may be 
20enforced by any remedy provided by Section 607.5 of
the 
21Illinois Marriage and Dissolution of Marriage Act. The court 
22may
enforce any order for support issued under paragraph (12) 
23of subsection (b)
of Section 214 in the manner provided for 
24under Parts V and VII of the
Illinois Marriage and Dissolution 
25of Marriage Act.

26 (d) Actual knowledge. An order of protection may be 
 
 
10200HB2541ham001- 62 -LRB102 11879 LNS 35600 a


1enforced pursuant to
this Section if the respondent violates 
2the order after the
respondent has
actual knowledge of its 
3contents as shown through one of the following means:

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

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

6  (3) By service of an order of protection under Section 
7 222.

8  (4) By other means demonstrating actual knowledge of 
9 the contents of the
order.

10 (e) The enforcement of an order of protection in civil or 
11criminal court
shall not be affected by either of the 
12following:

13  (1) The existence of a separate, correlative order, 
14 entered under Section
215.

15  (2) Any finding or order entered in a conjoined 
16 criminal proceeding.

17 (f) Circumstances. The court, when determining whether or 
18not a
violation of an order of protection has occurred, shall 
19not require
physical manifestations of abuse on the person of 
20the victim.

21 (g) Penalties.

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

23 subsection, where the court finds the commission of a 
24 crime or contempt of
court under subsections (a) or (b) of 
25 this Section, the penalty shall be
the penalty that 
26 generally applies in such criminal or contempt

 
 
10200HB2541ham001- 63 -LRB102 11879 LNS 35600 a


1 proceedings, and may include one or more of the following: 
2 incarceration,
payment of restitution, a fine, payment of 
3 attorneys' fees and costs, or
community service.

4  (2) The court shall hear and take into account 
5 evidence of any factors
in aggravation or mitigation 
6 before deciding an appropriate penalty under
paragraph (1) 
7 of this subsection.

8  (3) To the extent permitted by law, the court is 
9 encouraged to:

10   (i) increase the penalty for the knowing violation 
11 of
any order of protection over any penalty previously 
12 imposed by any court
for respondent's violation of any 
13 order of protection or penal statute
involving 
14 petitioner as victim and respondent as defendant;

15   (ii) impose a minimum penalty of 24 hours 
16 imprisonment for respondent's
first violation of any 
17 order of protection; and

18   (iii) impose a minimum penalty of 48 hours 
19 imprisonment for
respondent's second or subsequent 
20 violation of an order of protection

21 unless the court explicitly finds that an increased 
22 penalty or that
period of imprisonment would be manifestly 
23 unjust.

24  (4) In addition to any other penalties imposed for a 
25 violation of an
order of protection, a criminal court may 
26 consider evidence of any
violations of an order of 
 
 
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1 protection:

2   (i) to increase, revoke or modify the bail bond on 
3 an underlying
criminal charge pursuant to Section 
4 110-6 of the Code of Criminal Procedure
of 1963;

5   (ii) to revoke or modify an order of probation, 
6 conditional discharge or
supervision, pursuant to 
7 Section 5-6-4 of the Unified Code of Corrections;

8   (iii) to revoke or modify a sentence of periodic 
9 imprisonment,
pursuant to Section 5-7-2 of the Unified 
10 Code of Corrections.

11  (5) In addition to any other penalties, the court 
12 shall impose an
additional fine of $20 as authorized by 
13 Section 5-9-1.11 of the Unified Code of
Corrections upon 
14 any person convicted of or placed on supervision for a

15 violation of an order of protection.
The additional fine 
16 shall be imposed for each violation of this Section.

17(Source: P.A. 99-90, eff. 1-1-16.)


18 (Text of Section after amendment by P.A. 101-652)
19 Sec. 223. Enforcement of orders of protection. 

20 (a) When violation is crime. A violation of any order of 
21protection,
whether issued in a civil or criminal proceeding, 
22shall be enforced
by a
criminal court when:

23  (1) The respondent commits the crime of violation of 
24 an order of
protection pursuant to Section 12-3.4 or 12-30 
25 of the Criminal Code of
1961 or the Criminal Code of 2012, 
 
 
10200HB2541ham001- 65 -LRB102 11879 LNS 35600 a


1 by
having knowingly violated:

2   (i) remedies described in paragraphs (1), (2), 
3 (3), (14),
or (14.5), or (14.6) of
subsection (b) of 
4 Section 214 of this Act; or

5   (ii) a remedy, which is substantially similar to 
6 the remedies
authorized under paragraphs (1), (2), 
7 (3), (14), and (14.5), and (14.6) of subsection (b)
of 
8 Section 214 of this Act, in a valid order of protection 
9 which is authorized
under the laws of another state, 
10 tribe, or United States territory; or

11   (iii) any other remedy when the act
constitutes a 
12 crime against the protected parties as defined by the

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

14  Prosecution for a violation of an order of
protection 
15 shall not bar concurrent prosecution for any other crime,

16 including any crime that may have been committed at the 
17 time of the
violation of the order of protection; or

18  (2) The respondent commits the crime of child 
19 abduction pursuant
to Section 10-5 of the Criminal Code of 
20 1961 or the Criminal Code of 2012, by having knowingly 
21 violated:

22   (i) remedies described in paragraphs (5), (6) or 
23 (8) of subsection
(b) of
Section 214 of this Act; or

24   (ii) a remedy, which is substantially similar to 
25 the remedies
authorized under paragraphs (5), (6), or 
26 (8) of subsection (b) of Section 214
of this Act, in a 
 
 
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1 valid order of protection which is authorized under 
2 the laws
of another state, tribe, or United States 
3 territory.

4 (b) When violation is contempt of court. A violation of 
5any valid
Illinois order of protection, whether issued in a 
6civil or criminal
proceeding, may be enforced through civil or 
7criminal contempt procedures,
as appropriate, by any court 
8with jurisdiction, regardless where the act or
acts which 
9violated the order of protection were committed, to the extent

10consistent with the venue provisions of this Act. Nothing in 
11this Act
shall preclude any Illinois court from enforcing any 
12valid order of
protection issued in another state. Illinois 
13courts may enforce orders of
protection through both criminal 
14prosecution and contempt proceedings,
unless the action which 
15is second in time is barred by collateral estoppel
or the 
16constitutional prohibition against double jeopardy.

17  (1) In a contempt proceeding where the petition for a 
18 rule to show
cause sets forth facts evidencing an 
19 immediate danger that the
respondent will flee the 
20 jurisdiction, conceal a child, or inflict physical
abuse 
21 on the petitioner or minor children or on dependent adults 
22 in
petitioner's care, the court may order the
attachment 
23 of the respondent without prior service of the rule to 
24 show
cause or the petition for a rule to show cause. 
25 Conditions of release shall be set unless
specifically 
26 denied in writing.

 
 
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1  (2) A petition for a rule to show cause for violation 
2 of an order of
protection shall be treated as an expedited 
3 proceeding.

4 (b-1) The court shall not hold a school district or 
5private or non-public school or any of its employees in civil 
6or criminal contempt unless the school district or private or 
7non-public school has been allowed to intervene.
8 (b-2) The court may hold the parents, guardian, or legal 
9custodian of a minor respondent in civil or criminal contempt 
10for a violation of any provision of any order entered under 
11this Act for conduct of the minor respondent in violation of 
12this Act if the
parents, guardian, or legal custodian 
13directed, encouraged, or assisted the respondent minor in such 
14conduct. 
15 (c) Violation of custody or support orders or temporary or 
16final judgments allocating parental responsibilities. A 
17violation of remedies
described in paragraphs (5), (6), (8), 
18or (9) of subsection (b) of Section
214 of this Act may be 
19enforced by any remedy provided by Section 607.5 of
the 
20Illinois Marriage and Dissolution of Marriage Act. The court 
21may
enforce any order for support issued under paragraph (12) 
22of subsection (b)
of Section 214 in the manner provided for 
23under Parts V and VII of the
Illinois Marriage and Dissolution 
24of Marriage Act.

25 (d) Actual knowledge. An order of protection may be 
26enforced pursuant to
this Section if the respondent violates 
 
 
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1the order after the
respondent has
actual knowledge of its 
2contents as shown through one of the following means:

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

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

5  (3) By service of an order of protection under Section 
6 222.

7  (4) By other means demonstrating actual knowledge of 
8 the contents of the
order.

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

12  (1) The existence of a separate, correlative order, 
13 entered under Section
215.

14  (2) Any finding or order entered in a conjoined 
15 criminal proceeding.

16 (f) Circumstances. The court, when determining whether or 
17not a
violation of an order of protection has occurred, shall 
18not require
physical manifestations of abuse on the person of 
19the victim.

20 (g) Penalties.

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

22 subsection, where the court finds the commission of a 
23 crime or contempt of
court under subsections (a) or (b) of 
24 this Section, the penalty shall be
the penalty that 
25 generally applies in such criminal or contempt

26 proceedings, and may include one or more of the following: 
 
 
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1 incarceration,
payment of restitution, a fine, payment of 
2 attorneys' fees and costs, or
community service.

3  (2) The court shall hear and take into account 
4 evidence of any factors
in aggravation or mitigation 
5 before deciding an appropriate penalty under
paragraph (1) 
6 of this subsection.

7  (3) To the extent permitted by law, the court is 
8 encouraged to:

9   (i) increase the penalty for the knowing violation 
10 of
any order of protection over any penalty previously 
11 imposed by any court
for respondent's violation of any 
12 order of protection or penal statute
involving 
13 petitioner as victim and respondent as defendant;

14   (ii) impose a minimum penalty of 24 hours 
15 imprisonment for respondent's
first violation of any 
16 order of protection; and

17   (iii) impose a minimum penalty of 48 hours 
18 imprisonment for
respondent's second or subsequent 
19 violation of an order of protection

20 unless the court explicitly finds that an increased 
21 penalty or that
period of imprisonment would be manifestly 
22 unjust.

23  (4) In addition to any other penalties imposed for a 
24 violation of an
order of protection, a criminal court may 
25 consider evidence of any
violations of an order of 
26 protection:

 
 
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1   (i) to increase, revoke or modify the conditions 
2 of pretrial release on an underlying
criminal charge 
3 pursuant to Section 110-6 of the Code of Criminal 
4 Procedure
of 1963;

5   (ii) to revoke or modify an order of probation, 
6 conditional discharge or
supervision, pursuant to 
7 Section 5-6-4 of the Unified Code of Corrections;

8   (iii) to revoke or modify a sentence of periodic 
9 imprisonment,
pursuant to Section 5-7-2 of the Unified 
10 Code of Corrections.

11  (5) In addition to any other penalties, the court 
12 shall impose an
additional fine of $20 as authorized by 
13 Section 5-9-1.11 of the Unified Code of
Corrections upon 
14 any person convicted of or placed on supervision for a

15 violation of an order of protection.
The additional fine 
16 shall be imposed for each violation of this Section.

17(Source: P.A. 101-652, eff. 1-1-23.)



18 Section 95. No acceleration or delay. Where this Act makes 
19changes in a statute that is represented in this Act by text 
20that is not yet or no longer in effect (for example, a Section 
21represented by multiple versions), the use of that text does 
22not accelerate or delay the taking effect of (i) the changes 
23made by this Act or (ii) provisions derived from any other 
24Public Act.".