Rep. Denyse Wang Stoneback
Filed: 2/9/2022
 
 


 




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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 the Illinois State Police; 
15 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 Nothing in this Section supersedes a court's authority to 
20order a person who receives a revocation notice to surrender 
21the person's firearms to a law enforcement agency of the 
22court's choosing. 
23 (b) Upon confirming through the portal created under 
24Section 2605-304 of the Illinois Department of State Police 
25Law of the Civil Administrative Code of Illinois that the 
26Firearm Owner's Identification Card has been revoked by the 
 
 
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1Illinois State Police, surrendered cards shall be destroyed by 
2the law enforcement agency receiving the cards. If a card has 
3not been revoked, the card shall be returned to the 
4cardholder. Illinois
5 (b-5) If a court orders the surrender of a Firearms 
6Owner's Identification Card and accepts receipt of the Card, 
7the court shall destroy the Card and direct the person whose 
8Firearm Owner's Identification Card has been surrendered to 
9comply with paragraph (2) of subsection (a).
10 (b-10) If the person whose Firearm Owner's Identification 
11Card has been revoked has either lost or destroyed the Card, 
12the person must still comply with paragraph (2) of subsection 
13(a).
14 (b-15) A notation shall be made in the portal created 
15under Section 2605-304 of the Illinois Department of State 
16Police Law of the Civil Administrative Code of Illinois that 
17the revoked Firearm Owner's Identification Card has been 
18destroyed. 
19 (c) If the person whose Firearm Owner's Identification 
20Card has been revoked fails to comply with the requirements of 
21this Section, the sheriff or law enforcement agency where the 
22person resides may petition the circuit court to issue a 
23warrant to search for and seize the Firearm Owner's 
24Identification Card and firearms in the possession or under 
25the custody or control of the person whose Firearm Owner's 
26Identification Card has been revoked.
 
 
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1 (d) A violation of subsection (a) of this Section is a 
2Class A misdemeanor.
3 (e) The observation of a Firearm Owner's Identification 
4Card in the possession of a person whose Firearm Owner's 
5Identification Card has been revoked constitutes a sufficient 
6basis for the arrest of that person for violation of this 
7Section.
8 (f) Within 30 days after July 9, 2013 (the effective date 
9of Public Act 98-63) this amendatory Act of the 98th General 
10Assembly, the Illinois State Police shall provide written 
11notice of the requirements of this Section to persons whose 
12Firearm Owner's Identification Cards have been revoked, 
13suspended, or expired and who have failed to surrender their 
14cards to the Illinois State Police Department.
15 (g) A person whose Firearm Owner's Identification Card has 
16been revoked and who received notice under subsection (f) 
17shall comply with the requirements of this Section within 48 
18hours of receiving notice. 

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

21 Section 10. The Code of Criminal Procedure of 1963 is 
22amended by changing Section 112A-14 as follows:



23 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


24 Sec. 112A-14. Domestic violence order of protection; 
 
 
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1remedies. 

2 (a) (Blank).

3 (b) The court may order any of the remedies listed in this 
4subsection (b).
The remedies listed in this subsection (b) 
5shall be in addition to other civil
or criminal remedies 
6available to petitioner.

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

11 occurred or otherwise appears likely to occur if not 
12 prohibited.

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

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

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

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

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

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

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

20 Hardships need not be balanced if respondent does not 
21 have a right to occupancy.

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

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

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

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

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

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

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

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

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

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

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

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

4 petitioner's residence to meet the minor child for 
5 parenting time, and the petitioner and respondent
shall 
6 submit to the court their recommendations for reasonable

7 alternative arrangements for parenting time. A person may 
8 be approved to
supervise parenting time only after filing 
9 an affidavit accepting
that responsibility and 
10 acknowledging accountability to the court.

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

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

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

24   (i) petitioner, but not respondent, owns the 
25 property; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5 investigator fees, and travel costs.

6  (14) Prohibition of entry. Prohibit the respondent 
7 from entering or
remaining in the residence or household 
8 while the respondent is under the
influence of alcohol or 
9 drugs and constitutes a threat to the safety and

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

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

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

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

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

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

 
 
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1  (17) Order for injunctive relief. Enter injunctive 
2 relief necessary
or appropriate to prevent further abuse 
3 of a family or household member or
to effectuate one of the 
4 granted remedies, if supported by the balance of

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

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

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

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

13 following:

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

20 any member of petitioner's or respondent's family or 
21 household; and

22   (ii) the danger that any minor child will be 
23 abused or neglected or
improperly relocated from the 
24 jurisdiction, improperly concealed within the
State, 
25 or improperly separated from the child's primary 
26 caretaker.

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

5   (i) availability, accessibility, cost, safety, 
6 adequacy, location, and other
characteristics of 
7 alternate housing for each party and any minor child 
8 or
dependent adult in the party's care;

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

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

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

17   (i) That the court has considered the applicable 
18 relevant factors
described in paragraphs (1) and (2) 
19 of this subsection (c).

20   (ii) Whether the conduct or actions of respondent, 
21 unless
prohibited, will likely cause irreparable harm 
22 or continued abuse.

23   (iii) Whether it is necessary to grant the 
24 requested relief in order
to protect petitioner or 
25 other alleged abused persons.

26  (4) (Blank).

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

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

25 (d) Balance of hardships; findings. If the court finds 
26that the balance
of hardships does not support the granting of 
 
 
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1a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

2subsection (b) of this Section,
which may require such 
3balancing, the court's findings shall so
indicate and shall 
4include a finding as to whether granting the remedy will

5result in hardship to respondent that would substantially 
6outweigh the hardship
to petitioner
from denial of the remedy. 
7The findings shall be an official record or in
writing.

8 (e) Denial of remedies. Denial of any remedy shall not be 
9based, in
whole or in part, on evidence that:

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

13  (2) respondent was voluntarily intoxicated;

14  (3) petitioner acted in self-defense or defense of 
15 another, provided
that, if petitioner utilized force, such 
16 force was justifiable under
Article 7 of the Criminal Code 
17 of 2012; 

18  (4) petitioner did not act in self-defense or defense 
19 of another;

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

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

24  (7) conduct by any family or household member excused 
25 the abuse by
respondent, unless that same conduct would 
26 have excused such abuse if the
parties had not been family 
 
 
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1 or household members.

2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
3102-538, eff. 8-20-21; revised 11-2-21.)


4 Section 15. The Illinois Domestic Violence Act of 1986 is 
5amended by changing Sections 214, 217, and 223 as follows:



6 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

7 Sec. 214. Order of protection; remedies. 

8 (a) Issuance of order. If the court finds that petitioner 
9has been
abused by a family or household member or that 
10petitioner is a high-risk
adult who has been abused, 
11neglected, or exploited, as defined in this Act,
an order of 
12protection prohibiting the abuse, neglect, or exploitation

13shall issue; provided that petitioner must also satisfy the 
14requirements of
one of the following Sections, as appropriate: 
15Section 217 on emergency
orders, Section 218 on interim 
16orders, or Section 219 on plenary orders.
Petitioner shall not 
17be denied an order of protection because petitioner or

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

25 (b) Remedies and standards. The remedies to be included in 
26an order of
protection shall be determined in accordance with 
 
 
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1this Section and one of
the following Sections, as 
2appropriate: Section 217 on emergency orders,
Section 218 on 
3interim orders, and Section 219 on plenary orders. The

4remedies listed in this subsection shall be in addition to 
5other civil or
criminal remedies available to petitioner.

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

15  (2) Grant of exclusive possession of residence. 
16 Prohibit respondent from
entering or remaining in any 
17 residence, household, or premises of the petitioner,

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

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

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

8   (B) Presumption of hardships. If petitioner and 
9 respondent
each has the right to occupancy of a 
10 residence or household, the court
shall balance (i) 
11 the hardships to respondent and any minor child or

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

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

22 Hardships need not be balanced if respondent does not 
23 have a right to
occupancy.

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

5 motion, may order respondent to provide suitable, 
6 accessible, alternate housing
for petitioner instead 
7 of excluding respondent from a mutual residence or

8 household.

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

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

18 right to enter the premises.

19   (A) If an order of protection grants petitioner 
20 exclusive possession
of the residence, or prohibits 
21 respondent from entering the residence,
or orders 
22 respondent to stay away from petitioner or other

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

5   (B) When the petitioner and the respondent attend 
6 the same public, private, or non-public elementary, 
7 middle, or high school, the court when issuing an 
8 order of protection and providing relief shall 
9 consider the severity of the act, any continuing 
10 physical danger or emotional distress to the 
11 petitioner, the educational rights guaranteed to the 
12 petitioner and respondent under federal and State law, 
13 the availability of a transfer of the respondent to 
14 another school, a change of placement or a change of 
15 program of the respondent, the expense, difficulty, 
16 and educational disruption that would be caused by a 
17 transfer of the respondent to another school, and any 
18 other relevant facts of the case. The court may order 
19 that the respondent not attend the public, private, or 
20 non-public elementary, middle, or high school attended 
21 by the petitioner, order that the respondent accept a 
22 change of placement or change of program, as 
23 determined by the school district or private or 
24 non-public school, or place restrictions on the 
25 respondent's movements within the school attended by 
26 the petitioner.
The respondent bears the burden of 
 
 
10200HB2541ham002- 33 -LRB102 11879 LNS 36063 a


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

16 When a court orders a respondent to stay away from the 
17 public, private, or non-public school attended by the 
18 petitioner and the respondent requests a transfer to 
19 another attendance center within the respondent's 
20 school district or private or non-public school, the 
21 school district or private or non-public school shall 
22 have sole discretion to determine the attendance 
23 center to which the respondent is transferred.
In the 
24 event the court order results in a transfer of the 
25 minor respondent to another attendance center, a 
26 change in the respondent's placement, or a change of 
 
 
10200HB2541ham002- 34 -LRB102 11879 LNS 36063 a


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

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

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

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

22  If a court finds, after a hearing, that respondent has 
23 committed abuse (as
defined in Section 103) of a minor 
24 child, there shall be a rebuttable
presumption that 
25 awarding temporary significant decision-making 
26 responsibility to respondent would not be in
the child's 
 
 
10200HB2541ham002- 36 -LRB102 11879 LNS 36063 a


1 best interest.

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

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

22  Petitioner may deny respondent access to the minor 
23 child if, when
respondent arrives for parenting time, 
24 respondent is under the influence of drugs
or alcohol and 
25 constitutes a threat to the safety and well-being of

26 petitioner or petitioner's minor children or is behaving 
 
 
10200HB2541ham002- 37 -LRB102 11879 LNS 36063 a


1 in a violent or
abusive manner.

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

7 alternative arrangements for parenting time. A person may 
8 be approved to
supervise parenting time only after filing 
9 an affidavit accepting
that responsibility and 
10 acknowledging accountability to the court.

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


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

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

24   (i) petitioner, but not respondent, owns the 
25 property; or

26   (ii) the parties own the property jointly; sharing 
 
 
10200HB2541ham002- 38 -LRB102 11879 LNS 36063 a


1 it would risk
abuse of petitioner by respondent or is 
2 impracticable; and the balance of
hardships favors 
3 temporary possession by petitioner.

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

11  No order under this provision shall affect title to 
12 property.

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

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

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

22  If petitioner's sole claim to ownership of the 
23 property is that it is
marital property, the court may 
24 grant petitioner relief under subparagraph
(ii) of this 
25 paragraph only if a proper proceeding has been filed under 
26 the
Illinois Marriage and Dissolution of Marriage Act, as 
 
 
10200HB2541ham002- 39 -LRB102 11879 LNS 36063 a


1 now or hereafter amended.

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

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

15  (12) Order for payment of support. Order respondent to 
16 pay temporary
support for the petitioner or any child in 
17 the petitioner's care or over whom the petitioner has been 
18 allocated parental responsibility, when the respondent has 
19 a legal obligation to support that person,
in accordance 
20 with the Illinois Marriage and Dissolution
of Marriage 
21 Act, which shall govern, among other matters, the amount 
22 of
support, payment through the clerk and withholding of 
23 income to secure
payment. An order for child support may 
24 be granted to a petitioner with
lawful physical care of a 
25 child, or an order or agreement for
physical care of a 
26 child, prior to entry of an order allocating significant 
 
 
10200HB2541ham002- 40 -LRB102 11879 LNS 36063 a


1 decision-making responsibility.
Such a support order shall 
2 expire upon entry of a valid order allocating parental 
3 responsibility differently and vacating the petitioner's 
4 significant decision-making authority, unless otherwise 
5 provided in the order.

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

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

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

24   (ii) Recovery of expenses. In the case of an 
25 improper concealment
or removal of a minor child, the 
26 court may order respondent to pay the
reasonable 
 
 
10200HB2541ham002- 41 -LRB102 11879 LNS 36063 a


1 expenses incurred or to be incurred in the search for 
2 and recovery
of the minor child, including but not 
3 limited to legal fees, court costs,
private 
4 investigator fees, and travel costs.

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

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

10  (14.5) Prohibition of firearm possession; plenary 
11 orders.

12   (a) In the case of a granted plenary order, 
13 prohibit Prohibit a respondent against whom an order 
14 of protection was issued from possessing any firearms 
15 during the duration of the order or 2 years, whichever 
16 is longer, if the order:
17    (1) was issued after a hearing of which such 
18 person received
actual notice, and at which such 
19 person had an opportunity to
participate;
20    (2) restrains such person from harassing, 
21 stalking, or
threatening an intimate partner of 
22 such person or child of such
intimate partner or 
23 person, or engaging in other conduct that
would 
24 place an intimate partner in reasonable fear of 
25 bodily
injury to the partner or child; and
26    (3)(i) includes a finding that such person 
 
 
10200HB2541ham002- 42 -LRB102 11879 LNS 36063 a


1 represents a
credible threat to the physical 
2 safety of such intimate partner
or child; or
(ii) 
3 by its terms explicitly prohibits the use, 
4 attempted
use, or threatened use of physical force 
5 against such intimate
partner or child that would 
6 reasonably be expected to cause
bodily injury.
7   Any Firearm Owner's Identification Card in the

8 possession of the respondent, except as provided in 
9 subparagraph subsection (b), shall be revoked or 
10 suspended consistent with Section 8.2 of the Firearm 
11 Owners Identification Act, and the respondent shall be 
12 ordered by the court to surrender the card and any 
13 firearm in the respondent's possession consistent with 
14 Sections 8.2, 8.3, and 9.5 of the Firearm Owners 
15 Identification Act. If the card is suspended, the be 
16 turned
over to the local law enforcement agency. The 
17 local law enforcement agency shall immediately mail 
18 the card to the Illinois State Police Firearm Owner's 
19 Identification Card Office
for safekeeping. The court 
20 shall
issue a warrant for seizure of any firearm in the 
21 possession of the respondent, to be kept by the local 
22 law enforcement agency for safekeeping, except as 
23 provided in subsection (b).
The period of surrender 
24 safekeeping shall be for the duration of the order of 
25 protection. If the card is revoked, the period of 
26 surrender shall be for the duration of the order of 
 
 
10200HB2541ham002- 43 -LRB102 11879 LNS 36063 a


1 protection or 2 years, whichever is longer. The 
2 Illinois State Police shall make notification to the 
3 local law enforcement with jurisdiction of the 
4 suspension or revocation. The firearm or firearms and 
5 Firearm Owner's Identification Card, if unexpired, 
6 shall at the respondent's request, be returned to the 
7 respondent at the end
of the order of protection. It is 
8 the respondent's responsibility to notify the Illinois 
9 State Police Firearm Owner's Identification Card 
10 Office. 

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

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

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

20   (c) Upon expiration of the period of surrender 
21 safekeeping, if the firearms or Firearm Owner's 
22 Identification Card cannot be returned to the 
23 respondent because the respondent cannot be located, 
24 fails to respond to requests to retrieve the firearms, 
25 or is not lawfully eligible to possess a firearm, upon 
26 petition from the local law enforcement agency, the 
 
 
10200HB2541ham002- 44 -LRB102 11879 LNS 36063 a


1 court may order the local law enforcement agency to 
2 destroy the firearms, use the firearms for training 
3 purposes, or for any other application as deemed 
4 appropriate by the local law enforcement agency; or 
5 that the firearms be turned over to a third party who 
6 is lawfully eligible to possess firearms, and who does 
7 not reside with the respondent.
8   (d) A respondent who has surrendered a firearm 
9 under this paragraph shall not purchase a firearm for 
10 the period of surrender. A respondent who has 
11 surrendered a firearm under this paragraph shall not 
12 possess or have access to any firearm regardless of 
13 whether the firearm belongs to another person or if 
14 the respondent is residing with another person who 
15 owns a firearm and keeps the firearm at the residence.
16   (e) Upon expiration of the period of surrender, 
17 any surrendered firearm may only be returned to a 
18 respondent if a judicial officer has signed an order 
19 to release firearms stating that the order of 
20 protection is no longer in effect and the period of 
21 surrender has expired. 
22  (14.6) Prohibition of firearm possession; emergency 
23 orders.

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

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

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

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

17   (c) Upon expiration of the period of surrender, if 
18 the firearms or Firearm Owner's Identification Card 
19 cannot be returned to respondent because respondent 
20 cannot be located, fails to respond to requests to 
21 retrieve the firearms, or is not lawfully eligible to 
22 possess a firearm, upon petition from the local law 
23 enforcement agency, the court may order the local law 
24 enforcement agency to destroy the firearms, use the 
25 firearms for training purposes, or for any other 
26 application as deemed appropriate by the local law 
 
 
10200HB2541ham002- 46 -LRB102 11879 LNS 36063 a


1 enforcement agency; or that the firearms be turned 
2 over to a third party who is lawfully eligible to 
3 possess firearms, and who does not reside with 
4 respondent.
5   (d) A respondent who has surrendered a firearm 
6 under this paragraph shall not purchase a firearm for 
7 the period of surrender. A respondent who has 
8 surrendered a firearm under this paragraph shall not 
9 possess or have access to any firearm regardless of 
10 whether the firearm belongs to another person or if 
11 the respondent is residing with another person who 
12 owns a firearm and keeps the firearm at the residence. 
13   (e) Upon expiration of the period of surrender, 
14 any surrendered firearm may only be returned to a 
15 respondent if a judicial officer has signed an order 
16 to release firearms stating that the order of 
17 protection is no longer in effect and the period of 
18 surrender has expired. 
19  (15) Prohibition of access to records. If an order of 
20 protection
prohibits respondent from having contact with 
21 the minor child,
or if petitioner's address is omitted 
22 under subsection (b) of
Section 203, or if necessary to 
23 prevent abuse or wrongful removal or
concealment of a 
24 minor child, the order shall deny respondent access to, 
25 and
prohibit respondent from inspecting, obtaining, or 
26 attempting to
inspect or obtain, school or any other 
 
 
10200HB2541ham002- 47 -LRB102 11879 LNS 36063 a


1 records of the minor child
who is in the care of 
2 petitioner.

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

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

17 necessary that the harm is an irreparable injury.

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

25   (E) Except for willful or wanton misconduct, a 
26 wireless telephone service provider is immune from 
 
 
10200HB2541ham002- 50 -LRB102 11879 LNS 36063 a


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

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

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

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

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

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

14   (i) availability, accessibility, cost, safety, 
15 adequacy, location and
other characteristics of 
16 alternate housing for each party and any minor child

17 or dependent adult in the party's care;

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

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

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

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

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

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

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

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

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

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

19 temporary allocation of parental responsibilities, 
20 including parenting time with the minor child, or
physical 
21 care and possession of the minor child, nor shall an order 
22 of payment
for support of the minor child be entered.

23 (d) Balance of hardships; findings. If the court finds 
24that the balance
of hardships does not support the granting of 
25a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
26subsection (b) of this Section,
which may require such 
 
 
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1balancing, the court's findings shall so
indicate and shall 
2include a finding as to whether granting the remedy will

3result in hardship to respondent that would substantially 
4outweigh the hardship
to petitioner from denial of the remedy. 
5The findings shall be an official
record or in writing.

6 (e) Denial of remedies. Denial of any remedy shall not be 
7based, in
whole or in part, on evidence that:

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

11  (2) Respondent was voluntarily intoxicated;

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

16  (4) Petitioner did not act in self-defense or defense 
17 of another;

18  (5) Petitioner left the residence or household to 
19 avoid further abuse,
neglect, or exploitation by 
20 respondent;

21  (6) Petitioner did not leave the residence or 
22 household to avoid further
abuse, neglect, or exploitation 
23 by respondent;

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

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




4 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)


5 Sec. 217. Emergency order of protection. 

6 (a) Prerequisites. An emergency order of protection shall 
7issue if
petitioner satisfies the requirements of this 
8subsection for one or more of the
requested remedies. For each 
9remedy requested, petitioner shall establish
that:

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

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

12  (3) There is good cause to grant the remedy, 
13 regardless of prior service
of process or of notice upon 
14 the respondent, because:

15   (i) For
the remedies of "prohibition of abuse" 
16 described in
Section 214(b)(1), "stay away order and 
17 additional prohibitions" described in
Section

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

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

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

21 hardships to respondent from exclusion from the home 
22 substantially outweigh
those to petitioner;

23   (iii) For the remedy of "possession of personal 
24 property"
described in
Section 214(b)(10), improper 
25 disposition of the personal
property would be likely

26 to occur if respondent were given any prior notice, or 
 
 
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1 greater notice than
was actually given, of 
2 petitioner's efforts to obtain judicial relief, or

3 petitioner has an immediate and pressing need for 
4 possession of that property.

5 An emergency order may not include the counseling, legal 
6custody, payment
of support or monetary compensation remedies.

7 (a-5) When a petition for an emergency order of protection 
8is granted, the order shall not be publicly available until 
9the order is served on the respondent. 
10 (b) Appearance by respondent.
If respondent appears in 
11court for this hearing for an emergency order,
he or she may 
12elect to file a general appearance and testify.
Any resulting 
13order may be an emergency order, governed
by this Section.

14Notwithstanding the requirements of this Section, if all 
15requirements of
Section 218 have been met, the court may issue 
16a 30-day interim order.

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

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

 
 
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1  (1.5) Issuance of order. The chief judge of the 
2 circuit court
may designate for each county in the circuit 
3 at least one judge to be
reasonably available to
issue 
4 orally, by telephone, by facsimile, or otherwise, an 
5 emergency
order of protection at all times, whether or not 
6 the court is in session.

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

20 Failure to comply with the requirements of this subsection 
21 shall not
affect the validity of the order.

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




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


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

25 Sec. 223. Enforcement of orders of protection. 

 
 
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1 (a) When violation is crime. A violation of any order of 
2protection,
whether issued in a civil or criminal proceeding, 
3shall be enforced
by a
criminal court when:

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

8   (i) remedies described in paragraphs (1), (2), 
9 (3), (14),
or (14.5), or (14.6) of
subsection (b) of 
10 Section 214 of this Act; or

11   (ii) a remedy, which is substantially similar to 
12 the remedies
authorized under paragraphs (1), (2), 
13 (3), (14), and (14.5), and (14.6) of subsection (b)
of 
14 Section 214 of this Act, in a valid order of protection 
15 which is authorized
under the laws of another state, 
16 tribe, or United States territory; or

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

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

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

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

24  (2) The respondent commits the crime of child 
25 abduction pursuant
to Section 10-5 of the Criminal Code of 
26 1961 or the Criminal Code of 2012, by having knowingly 
 
 
10200HB2541ham002- 60 -LRB102 11879 LNS 36063 a


1 violated:

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

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

10 (b) When violation is contempt of court. A violation of 
11any valid
Illinois order of protection, whether issued in a 
12civil or criminal
proceeding, may be enforced through civil or 
13criminal contempt procedures,
as appropriate, by any court 
14with jurisdiction, regardless where the act or
acts which 
15violated the order of protection were committed, to the extent

16consistent with the venue provisions of this Act. Nothing in 
17this Act
shall preclude any Illinois court from enforcing any 
18valid order of
protection issued in another state. Illinois 
19courts may enforce orders of
protection through both criminal 
20prosecution and contempt proceedings,
unless the action which 
21is second in time is barred by collateral estoppel
or the 
22constitutional prohibition against double jeopardy.

23  (1) In a contempt proceeding where the petition for a 
24 rule to show
cause sets forth facts evidencing an 
25 immediate danger that the
respondent will flee the 
26 jurisdiction, conceal a child, or inflict physical
abuse 
 
 
10200HB2541ham002- 61 -LRB102 11879 LNS 36063 a


1 on the petitioner or minor children or on dependent adults 
2 in
petitioner's care, the court may order the
attachment 
3 of the respondent without prior service of the rule to 
4 show
cause or the petition for a rule to show cause. Bond 
5 shall be set unless
specifically denied in writing.

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

9 (b-1) The court shall not hold a school district or 
10private or non-public school or any of its employees in civil 
11or criminal contempt unless the school district or private or 
12non-public school has been allowed to intervene.
13 (b-2) The court may hold the parents, guardian, or legal 
14custodian of a minor respondent in civil or criminal contempt 
15for a violation of any provision of any order entered under 
16this Act for conduct of the minor respondent in violation of 
17this Act if the
parents, guardian, or legal custodian 
18directed, encouraged, or assisted the respondent minor in such 
19conduct. 
20 (c) Violation of custody or support orders or temporary or 
21final judgments allocating parental responsibilities. A 
22violation of remedies
described in paragraphs (5), (6), (8), 
23or (9) of subsection (b) of Section
214 of this Act may be 
24enforced by any remedy provided by Section 607.5 of
the 
25Illinois Marriage and Dissolution of Marriage Act. The court 
26may
enforce any order for support issued under paragraph (12) 
 
 
10200HB2541ham002- 62 -LRB102 11879 LNS 36063 a


1of subsection (b)
of Section 214 in the manner provided for 
2under Parts V and VII of the
Illinois Marriage and Dissolution 
3of Marriage Act.

4 (d) Actual knowledge. An order of protection may be 
5enforced pursuant to
this Section if the respondent violates 
6the order after the
respondent has
actual knowledge of its 
7contents as shown through one of the following means:

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

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

10  (3) By service of an order of protection under Section 
11 222.

12  (4) By other means demonstrating actual knowledge of 
13 the contents of the
order.

14 (e) The enforcement of an order of protection in civil or 
15criminal court
shall not be affected by either of the 
16following:

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

19  (2) Any finding or order entered in a conjoined 
20 criminal proceeding.

21 (f) Circumstances. The court, when determining whether or 
22not a
violation of an order of protection has occurred, shall 
23not require
physical manifestations of abuse on the person of 
24the victim.

25 (g) Penalties.

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

 
 
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1 subsection, where the court finds the commission of a 
2 crime or contempt of
court under subsections (a) or (b) of 
3 this Section, the penalty shall be
the penalty that 
4 generally applies in such criminal or contempt

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

8  (2) The court shall hear and take into account 
9 evidence of any factors
in aggravation or mitigation 
10 before deciding an appropriate penalty under
paragraph (1) 
11 of this subsection.

12  (3) To the extent permitted by law, the court is 
13 encouraged to:

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

19   (ii) impose a minimum penalty of 24 hours 
20 imprisonment for respondent's
first violation of any 
21 order of protection; and

22   (iii) impose a minimum penalty of 48 hours 
23 imprisonment for
respondent's second or subsequent 
24 violation of an order of protection

25 unless the court explicitly finds that an increased 
26 penalty or that
period of imprisonment would be manifestly 
 
 
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1 unjust.

2  (4) In addition to any other penalties imposed for a 
3 violation of an
order of protection, a criminal court may 
4 consider evidence of any
violations of an order of 
5 protection:

6   (i) to increase, revoke or modify the bail bond on 
7 an underlying
criminal charge pursuant to Section 
8 110-6 of the Code of Criminal Procedure
of 1963;

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

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

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

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

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


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

24 (a) When violation is crime. A violation of any order of 
25protection,
whether issued in a civil or criminal proceeding, 
 
 
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1shall be enforced
by a
criminal court when:

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

6   (i) remedies described in paragraphs (1), (2), 
7 (3), (14),
or (14.5), or (14.6) of
subsection (b) of 
8 Section 214 of this Act; or

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

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

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

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

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

22  (2) The respondent commits the crime of child 
23 abduction pursuant
to Section 10-5 of the Criminal Code of 
24 1961 or the Criminal Code of 2012, by having knowingly 
25 violated:

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

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

8 (b) When violation is contempt of court. A violation of 
9any valid
Illinois order of protection, whether issued in a 
10civil or criminal
proceeding, may be enforced through civil or 
11criminal contempt procedures,
as appropriate, by any court 
12with jurisdiction, regardless where the act or
acts which 
13violated the order of protection were committed, to the extent

14consistent with the venue provisions of this Act. Nothing in 
15this Act
shall preclude any Illinois court from enforcing any 
16valid order of
protection issued in another state. Illinois 
17courts may enforce orders of
protection through both criminal 
18prosecution and contempt proceedings,
unless the action which 
19is second in time is barred by collateral estoppel
or the 
20constitutional prohibition against double jeopardy.

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

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

8 (b-1) The court shall not hold a school district or 
9private or non-public school or any of its employees in civil 
10or criminal contempt unless the school district or private or 
11non-public school has been allowed to intervene.
12 (b-2) The court may hold the parents, guardian, or legal 
13custodian of a minor respondent in civil or criminal contempt 
14for a violation of any provision of any order entered under 
15this Act for conduct of the minor respondent in violation of 
16this Act if the
parents, guardian, or legal custodian 
17directed, encouraged, or assisted the respondent minor in such 
18conduct. 
19 (c) Violation of custody or support orders or temporary or 
20final judgments allocating parental responsibilities. A 
21violation of remedies
described in paragraphs (5), (6), (8), 
22or (9) of subsection (b) of Section
214 of this Act may be 
23enforced by any remedy provided by Section 607.5 of
the 
24Illinois Marriage and Dissolution of Marriage Act. The court 
25may
enforce any order for support issued under paragraph (12) 
26of subsection (b)
of Section 214 in the manner provided for 
 
 
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1under Parts V and VII of the
Illinois Marriage and Dissolution 
2of Marriage Act.

3 (d) Actual knowledge. An order of protection may be 
4enforced pursuant to
this Section if the respondent violates 
5the order after the
respondent has
actual knowledge of its 
6contents as shown through one of the following means:

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

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

9  (3) By service of an order of protection under Section 
10 222.

11  (4) By other means demonstrating actual knowledge of 
12 the contents of the
order.

13 (e) The enforcement of an order of protection in civil or 
14criminal court
shall not be affected by either of the 
15following:

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

18  (2) Any finding or order entered in a conjoined 
19 criminal proceeding.

20 (f) Circumstances. The court, when determining whether or 
21not a
violation of an order of protection has occurred, shall 
22not require
physical manifestations of abuse on the person of 
23the victim.

24 (g) Penalties.

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

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

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

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

11  (3) To the extent permitted by law, the court is 
12 encouraged to:

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

18   (ii) impose a minimum penalty of 24 hours 
19 imprisonment for respondent's
first violation of any 
20 order of protection; and

21   (iii) impose a minimum penalty of 48 hours 
22 imprisonment for
respondent's second or subsequent 
23 violation of an order of protection

24 unless the court explicitly finds that an increased 
25 penalty or that
period of imprisonment would be manifestly 
26 unjust.

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

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

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

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

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

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

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



22 Section 95. No acceleration or delay. Where this Act makes 
23changes in a statute that is represented in this Act by text 
24that is not yet or no longer in effect (for example, a Section 
25represented by multiple versions), the use of that text does 
 
 
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1not accelerate or delay the taking effect of (i) the changes 
2made by this Act or (ii) provisions derived from any other 
3Public Act.".