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Full Text of SB0057  100th General Assembly

SB0057enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0057 EnrolledLRB100 03951 HEP 13956 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-14 as follows:
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member, as defined in
10this Article, an order of protection prohibiting such abuse
11shall issue; provided that petitioner must also satisfy the
12requirements of one of the following Sections, as appropriate:
13Section 112A-17 on emergency orders, Section 112A-18 on interim
14orders, or Section 112A-19 on plenary orders. Petitioner shall
15not be denied an order of protection because petitioner or
16respondent is a minor. The court, when determining whether or
17not to issue an order of protection, shall not require physical
18manifestations of abuse on the person of the victim.
19Modification and extension of prior orders of protection shall
20be in accordance with this Article.
21    (b) Remedies and standards. The remedies to be included in
22an order of protection shall be determined in accordance with
23this Section and one of the following Sections, as appropriate:

 

 

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1Section 112A-17 on emergency orders, Section 112A-18 on interim
2orders, and Section 112A-19 on plenary orders. The remedies
3listed in this subsection shall be in addition to other civil
4or criminal remedies available to petitioner.
5        (1) Prohibition of abuse. Prohibit respondent's
6    harassment, interference with personal liberty,
7    intimidation of a dependent, physical abuse or willful
8    deprivation, as defined in this Article, if such abuse has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in Section 701 of the
19    Illinois Marriage and Dissolution of Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic

 

 

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1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i) the
6        hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,

 

 

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1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other person
6    protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14        If an order of protection grants petitioner exclusive
15    possession of the residence, or prohibits respondent from
16    entering the residence, or orders respondent to stay away
17    from petitioner or other protected persons, then the court
18    may allow respondent access to the residence to remove
19    items of clothing and personal adornment used exclusively
20    by respondent, medications, and other items as the court
21    directs. The right to access shall be exercised on only one
22    occasion as the court directs and in the presence of an
23    agreed-upon adult third party or law enforcement officer.
24        (4) Counseling. Require or recommend the respondent to
25    undergo counseling for a specified duration with a social
26    worker, psychologist, clinical psychologist, psychiatrist,

 

 

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1    family service agency, alcohol or substance abuse program,
2    mental health center guidance counselor, agency providing
3    services to elders, program designed for domestic violence
4    abusers or any other guidance service the court deems
5    appropriate. The court may order the respondent in any
6    intimate partner relationship to report to an Illinois
7    Department of Human Services protocol approved partner
8    abuse intervention program for an assessment and to follow
9    all recommended treatment.
10        (5) Physical care and possession of the minor child. In
11    order to protect the minor child from abuse, neglect, or
12    unwarranted separation from the person who has been the
13    minor child's primary caretaker, or to otherwise protect
14    the well-being of the minor child, the court may do either
15    or both of the following: (i) grant petitioner physical
16    care or possession of the minor child, or both, or (ii)
17    order respondent to return a minor child to, or not remove
18    a minor child from, the physical care of a parent or person
19    in loco parentis.
20        If a court finds, after a hearing, that respondent has
21    committed abuse (as defined in Section 112A-3) of a minor
22    child, there shall be a rebuttable presumption that
23    awarding physical care to respondent would not be in the
24    minor child's best interest.
25        (6) Temporary legal custody. Award temporary legal
26    custody to petitioner in accordance with this Section, the

 

 

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1    Illinois Marriage and Dissolution of Marriage Act, the
2    Illinois Parentage Act of 2015, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 112A-3) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary legal custody to respondent would not be
8    in the child's best interest.
9        (7) Visitation. Determine the visitation rights, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary legal custody of a minor child
12    to petitioner. The court shall restrict or deny
13    respondent's visitation with a minor child if the court
14    finds that respondent has done or is likely to do any of
15    the following: (i) abuse or endanger the minor child during
16    visitation; (ii) use the visitation as an opportunity to
17    abuse or harass petitioner or petitioner's family or
18    household members; (iii) improperly conceal or detain the
19    minor child; or (iv) otherwise act in a manner that is not
20    in the best interests of the minor child. The court shall
21    not be limited by the standards set forth in Section 607.1
22    of the Illinois Marriage and Dissolution of Marriage Act.
23    If the court grants visitation, the order shall specify
24    dates and times for the visitation to take place or other
25    specific parameters or conditions that are appropriate. No
26    order for visitation shall refer merely to the term

 

 

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1    "reasonable visitation".
2        Petitioner may deny respondent access to the minor
3    child if, when respondent arrives for visitation,
4    respondent is under the influence of drugs or alcohol and
5    constitutes a threat to the safety and well-being of
6    petitioner or petitioner's minor children or is behaving in
7    a violent or abusive manner.
8        If necessary to protect any member of petitioner's
9    family or household from future abuse, respondent shall be
10    prohibited from coming to petitioner's residence to meet
11    the minor child for visitation, and the parties shall
12    submit to the court their recommendations for reasonable
13    alternative arrangements for visitation. A person may be
14    approved to supervise visitation only after filing an
15    affidavit accepting that responsibility and acknowledging
16    accountability to the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return the
23    child to the custody or care of the petitioner or to permit
24    any court-ordered interview or examination of the child or
25    the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

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1    exclusive possession of personal property and, if
2    respondent has possession or control, direct respondent to
3    promptly make it available to petitioner, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the parties own the property jointly; sharing
7        it would risk abuse of petitioner by respondent or is
8        impracticable; and the balance of hardships favors
9        temporary possession by petitioner.
10        If petitioner's sole claim to ownership of the property
11    is that it is marital property, the court may award
12    petitioner temporary possession thereof under the
13    standards of subparagraph (ii) of this paragraph only if a
14    proper proceeding has been filed under the Illinois
15    Marriage and Dissolution of Marriage Act, as now or
16    hereafter amended.
17        No order under this provision shall affect title to
18    property.
19        (11) Protection of property. Forbid the respondent
20    from taking, transferring, encumbering, concealing,
21    damaging or otherwise disposing of any real or personal
22    property, except as explicitly authorized by the court, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the parties own the property jointly, and the
26        balance of hardships favors granting this remedy.

 

 

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1        If petitioner's sole claim to ownership of the property
2    is that it is marital property, the court may grant
3    petitioner relief under subparagraph (ii) of this
4    paragraph only if a proper proceeding has been filed under
5    the Illinois Marriage and Dissolution of Marriage Act, as
6    now or hereafter amended.
7        The court may further prohibit respondent from
8    improperly using the financial or other resources of an
9    aged member of the family or household for the profit or
10    advantage of respondent or of any other person.
11        (11.5) Protection of animals. Grant the petitioner the
12    exclusive care, custody, or control of any animal owned,
13    possessed, leased, kept, or held by either the petitioner
14    or the respondent or a minor child residing in the
15    residence or household of either the petitioner or the
16    respondent and order the respondent to stay away from the
17    animal and forbid the respondent from taking,
18    transferring, encumbering, concealing, harming, or
19    otherwise disposing of the animal.
20        (12) Order for payment of support. Order respondent to
21    pay temporary support for the petitioner or any child in
22    the petitioner's care or custody, when the respondent has a
23    legal obligation to support that person, in accordance with
24    the Illinois Marriage and Dissolution of Marriage Act,
25    which shall govern, among other matters, the amount of
26    support, payment through the clerk and withholding of

 

 

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1    income to secure payment. An order for child support may be
2    granted to a petitioner with lawful physical care or
3    custody of a child, or an order or agreement for physical
4    care or custody, prior to entry of an order for legal
5    custody. Such a support order shall expire upon entry of a
6    valid order granting legal custody to another, unless
7    otherwise provided in the custody 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 other
14    travel expenses, including additional reasonable expenses
15    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 well-being
10    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 order of
13        protection, interim order of protection, emergency
14        order of protection, or plenary order of protection,
15        issued under this Code may not lawfully possess weapons
16        under Section 8.2 of the Firearm Owners Identification
17        Card Act.
18            (B) Any firearms in the possession of the
19        respondent, except as provided in subparagraph (C) of
20        this paragraph (14.5), shall be ordered by the court to
21        be turned over to a person with a valid Firearm Owner's
22        Identification Card for safekeeping. The court shall
23        issue an order that the respondent's Firearm Owner's
24        Identification Card be turned over to the local law
25        enforcement agency, which in turn shall immediately
26        mail the card to the Department of State Police Firearm

 

 

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1        Owner's Identification Card Office for safekeeping.
2        The period of safekeeping shall be for the duration of
3        the order of protection. The firearm or firearms and
4        Firearm Owner's Identification Card, if unexpired,
5        shall at the respondent's request be returned to the
6        respondent at expiration of the order of protection.
7            (C) If the respondent is a peace officer as defined
8        in Section 2-13 of the Criminal Code of 2012, the court
9        shall order that any firearms used by the respondent in
10        the performance of his or her duties as a peace officer
11        be surrendered to the chief law enforcement executive
12        of the agency in which the respondent is employed, who
13        shall retain the firearms for safekeeping for the
14        duration of the order of protection.
15            (D) Upon expiration of the period of safekeeping,
16        if the firearms or Firearm Owner's Identification Card
17        cannot be returned to respondent because respondent
18        cannot be located, fails to respond to requests to
19        retrieve the firearms, or is not lawfully eligible to
20        possess a firearm, upon petition from the local law
21        enforcement agency, the court may order the local law
22        enforcement agency to destroy the firearms, use the
23        firearms for training purposes, or for any other
24        application as deemed appropriate by the local law
25        enforcement agency; or that the firearms be turned over
26        to a third party who is lawfully eligible to possess

 

 

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1        firearms, and who does not reside with respondent.
2        (15) Prohibition of access to records. If an order of
3    protection prohibits respondent from having contact with
4    the minor child, or if petitioner's address is omitted
5    under subsection (b) of Section 112A-5, or if necessary to
6    prevent abuse or wrongful removal or concealment of a minor
7    child, the order shall deny respondent access to, and
8    prohibit respondent from inspecting, obtaining, or
9    attempting to inspect or obtain, school or any other
10    records of the minor child who is in the care of
11    petitioner.
12        (16) Order for payment of shelter services. Order
13    respondent to reimburse a shelter providing temporary
14    housing and counseling services to the petitioner for the
15    cost of the services, as certified by the shelter and
16    deemed reasonable by the court.
17        (17) Order for injunctive relief. Enter injunctive
18    relief necessary or appropriate to prevent further abuse of
19    a family or household member or to effectuate one of the
20    granted remedies, if supported by the balance of hardships.
21    If the harm to be prevented by the injunction is abuse or
22    any other harm that one of the remedies listed in
23    paragraphs (1) through (16) of this subsection is designed
24    to prevent, no further evidence is necessary to establish
25    that the harm is an irreparable injury.
26        (18) Telephone services.

 

 

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1            (A) Unless a condition described in subparagraph
2        (B) of this paragraph exists, the court may, upon
3        request by the petitioner, order a wireless telephone
4        service provider to transfer to the petitioner the
5        right to continue to use a telephone number or numbers
6        indicated by the petitioner and the financial
7        responsibility associated with the number or numbers,
8        as set forth in subparagraph (C) of this paragraph. For
9        purposes of this paragraph (18), the term "wireless
10        telephone service provider" means a provider of
11        commercial mobile service as defined in 47 U.S.C. 332.
12        The petitioner may request the transfer of each
13        telephone number that the petitioner, or a minor child
14        in his or her custody, uses. The clerk of the court
15        shall serve the order on the wireless telephone service
16        provider's agent for service of process provided to the
17        Illinois Commerce Commission. The order shall contain
18        all of the following:
19                (i) The name and billing telephone number of
20            the account holder including the name of the
21            wireless telephone service provider that serves
22            the account.
23                (ii) Each telephone number that will be
24            transferred.
25                (iii) A statement that the provider transfers
26            to the petitioner all financial responsibility for

 

 

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1            and right to the use of any telephone number
2            transferred under this paragraph.
3            (B) A wireless telephone service provider shall
4        terminate the respondent's use of, and shall transfer
5        to the petitioner use of, the telephone number or
6        numbers indicated in subparagraph (A) of this
7        paragraph unless it notifies the petitioner, within 72
8        hours after it receives the order, that one of the
9        following applies:
10                (i) The account holder named in the order has
11            terminated the account.
12                (ii) A difference in network technology would
13            prevent or impair the functionality of a device on
14            a network if the transfer occurs.
15                (iii) The transfer would cause a geographic or
16            other limitation on network or service provision
17            to the petitioner.
18                (iv) Another technological or operational
19            issue would prevent or impair the use of the
20            telephone number if the transfer occurs.
21            (C) The petitioner assumes all financial
22        responsibility for and right to the use of any
23        telephone number transferred under this paragraph. In
24        this paragraph, "financial responsibility" includes
25        monthly service costs and costs associated with any
26        mobile device associated with the number.

 

 

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1            (D) A wireless telephone service provider may
2        apply to the petitioner its routine and customary
3        requirements for establishing an account or
4        transferring a number, including requiring the
5        petitioner to provide proof of identification,
6        financial information, and customer preferences.
7            (E) Except for willful or wanton misconduct, a
8        wireless telephone service provider is immune from
9        civil liability for its actions taken in compliance
10        with a court order issued under this paragraph.
11            (F) All wireless service providers that provide
12        services to residential customers shall provide to the
13        Illinois Commerce Commission the name and address of an
14        agent for service of orders entered under this
15        paragraph (18). Any change in status of the registered
16        agent must be reported to the Illinois Commerce
17        Commission within 30 days of such change.
18            (G) The Illinois Commerce Commission shall
19        maintain the list of registered agents for service for
20        each wireless telephone service provider on the
21        Commission's website. The Commission may consult with
22        wireless telephone service providers and the Circuit
23        Court Clerks on the manner in which this information is
24        provided and displayed.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,

 

 

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1    other than payment of support, the court shall consider
2    relevant factors, including but not limited to the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse of the
6        petitioner or any family or household member,
7        including the concealment of his or her location in
8        order to evade service of process or notice, and the
9        likelihood of danger of future abuse to petitioner or
10        any member of petitioner's or respondent's family or
11        household; and
12            (ii) the danger that any minor child will be abused
13        or neglected or improperly removed from the
14        jurisdiction, improperly concealed within the State or
15        improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including but not
20    limited to the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location and other characteristics of
23        alternate housing for each party and any minor child or
24        dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

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1        and any minor child or dependent adult in the party's
2        care, to family, school, church and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection, the court shall make its findings
5    in an official record or in writing, and shall at a minimum
6    set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2) of
9        this subsection.
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) For purposes of issuing an ex parte emergency order
17    of protection, the court, as an alternative to or as a
18    supplement to making the findings described in paragraphs
19    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
20    the following procedure:
21        When a verified petition for an emergency order of
22    protection in accordance with the requirements of Sections
23    112A-5 and 112A-17 is presented to the court, the court
24    shall examine petitioner on oath or affirmation. An
25    emergency order of protection shall be issued by the court
26    if it appears from the contents of the petition and the

 

 

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1    examination of petitioner that the averments are
2    sufficient to indicate abuse by respondent and to support
3    the granting of relief under the issuance of the emergency
4    order of protection.
5        (5) Never married parties. No rights or
6    responsibilities for a minor child born outside of marriage
7    attach to a putative father until a father and child
8    relationship has been established under the Illinois
9    Parentage Act of 1984 or under the Illinois Parentage Act
10    of 2015 on and after the effective date of that Act. Absent
11    such an adjudication, no putative father shall be granted
12    temporary custody of the minor child, visitation with the
13    minor child, or physical care and possession of the minor
14    child, nor shall an order of payment for support of the
15    minor child be entered.
16    (d) Balance of hardships; findings. If the court finds that
17the balance of hardships does not support the granting of a
18remedy governed by paragraph (2), (3), (10), (11), or (16) of
19subsection (b) of this Section, which may require such
20balancing, the court's findings shall so indicate and shall
21include a finding as to whether granting the remedy will result
22in hardship to respondent that would substantially outweigh the
23hardship to petitioner from denial of the remedy. The findings
24shall be an official record or in writing.
25    (e) Denial of remedies. Denial of any remedy shall not be
26based, in whole or in part, on evidence that:

 

 

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1        (1) Respondent has cause for any use of force, unless
2    that cause satisfies the standards for justifiable use of
3    force provided by Article 7 of the Criminal Code of 2012;
4        (2) Respondent was voluntarily intoxicated;
5        (3) Petitioner acted in self-defense or defense of
6    another, provided that, if petitioner utilized force, such
7    force was justifiable under Article 7 of the Criminal Code
8    of 2012;
9        (4) Petitioner did not act in self-defense or defense
10    of another;
11        (5) Petitioner left the residence or household to avoid
12    further abuse by respondent;
13        (6) Petitioner did not leave the residence or household
14    to avoid further abuse by respondent;
15        (7) Conduct by any family or household member excused
16    the abuse by respondent, unless that same conduct would
17    have excused such abuse if the parties had not been family
18    or household members.
19(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
 
20    Section 10. The Illinois Domestic Violence Act of 1986 is
21amended by changing Section 214 as follows:
 
22    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
23    Sec. 214. Order of protection; remedies.
24    (a) Issuance of order. If the court finds that petitioner

 

 

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1has been abused by a family or household member or that
2petitioner is a high-risk adult who has been abused, neglected,
3or exploited, as defined in this Act, an order of protection
4prohibiting the abuse, neglect, or exploitation shall issue;
5provided that petitioner must also satisfy the requirements of
6one of the following Sections, as appropriate: Section 217 on
7emergency orders, Section 218 on interim orders, or Section 219
8on plenary orders. Petitioner shall not be denied an order of
9protection because petitioner or respondent is a minor. The
10court, when determining whether or not to issue an order of
11protection, shall not require physical manifestations of abuse
12on the person of the victim. Modification and extension of
13prior orders of protection shall be in accordance with this
14Act.
15    (b) Remedies and standards. The remedies to be included in
16an order of protection shall be determined in accordance with
17this Section and one of the following Sections, as appropriate:
18Section 217 on emergency orders, Section 218 on interim orders,
19and Section 219 on plenary orders. The remedies listed in this
20subsection shall be in addition to other civil or criminal
21remedies available to petitioner.
22        (1) Prohibition of abuse, neglect, or exploitation.
23    Prohibit respondent's harassment, interference with
24    personal liberty, intimidation of a dependent, physical
25    abuse, or willful deprivation, neglect or exploitation, as
26    defined in this Act, or stalking of the petitioner, as

 

 

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1    defined in Section 12-7.3 of the Criminal Code of 2012, if
2    such abuse, neglect, exploitation, or stalking has
3    occurred or otherwise appears likely to occur if not
4    prohibited.
5        (2) Grant of exclusive possession of residence.
6    Prohibit respondent from entering or remaining in any
7    residence, household, or premises of the petitioner,
8    including one owned or leased by respondent, if petitioner
9    has a right to occupancy thereof. The grant of exclusive
10    possession of the residence, household, or premises shall
11    not affect title to real property, nor shall the court be
12    limited by the standard set forth in Section 701 of the
13    Illinois Marriage and Dissolution of Marriage Act.
14            (A) Right to occupancy. A party has a right to
15        occupancy of a residence or household if it is solely
16        or jointly owned or leased by that party, that party's
17        spouse, a person with a legal duty to support that
18        party or a minor child in that party's care, or by any
19        person or entity other than the opposing party that
20        authorizes that party's occupancy (e.g., a domestic
21        violence shelter). Standards set forth in subparagraph
22        (B) shall not preclude equitable relief.
23            (B) Presumption of hardships. If petitioner and
24        respondent each has the right to occupancy of a
25        residence or household, the court shall balance (i) the
26        hardships to respondent and any minor child or

 

 

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1        dependent adult in respondent's care resulting from
2        entry of this remedy with (ii) the hardships to
3        petitioner and any minor child or dependent adult in
4        petitioner's care resulting from continued exposure to
5        the risk of abuse (should petitioner remain at the
6        residence or household) or from loss of possession of
7        the residence or household (should petitioner leave to
8        avoid the risk of abuse). When determining the balance
9        of hardships, the court shall also take into account
10        the accessibility of the residence or household.
11        Hardships need not be balanced if respondent does not
12        have a right to occupancy.
13            The balance of hardships is presumed to favor
14        possession by petitioner unless the presumption is
15        rebutted by a preponderance of the evidence, showing
16        that the hardships to respondent substantially
17        outweigh the hardships to petitioner and any minor
18        child or dependent adult in petitioner's care. The
19        court, on the request of petitioner or on its own
20        motion, may order respondent to provide suitable,
21        accessible, alternate housing for petitioner instead
22        of excluding respondent from a mutual residence or
23        household.
24        (3) Stay away order and additional prohibitions. Order
25    respondent to stay away from petitioner or any other person
26    protected by the order of protection, or prohibit

 

 

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1    respondent from entering or remaining present at
2    petitioner's school, place of employment, or other
3    specified places at times when petitioner is present, or
4    both, if reasonable, given the balance of hardships.
5    Hardships need not be balanced for the court to enter a
6    stay away order or prohibit entry if respondent has no
7    right to enter the premises.
8            (A) If an order of protection grants petitioner
9        exclusive possession of the residence, or prohibits
10        respondent from entering the residence, or orders
11        respondent to stay away from petitioner or other
12        protected persons, then the court may allow respondent
13        access to the residence to remove items of clothing and
14        personal adornment used exclusively by respondent,
15        medications, and other items as the court directs. The
16        right to access shall be exercised on only one occasion
17        as the court directs and in the presence of an
18        agreed-upon adult third party or law enforcement
19        officer.
20            (B) When the petitioner and the respondent attend
21        the same public, private, or non-public elementary,
22        middle, or high school, the court when issuing an order
23        of protection and providing relief shall consider the
24        severity of the act, any continuing physical danger or
25        emotional distress to the petitioner, the educational
26        rights guaranteed to the petitioner and respondent

 

 

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1        under federal and State law, the availability of a
2        transfer of the respondent to another school, a change
3        of placement or a change of program of the respondent,
4        the expense, difficulty, and educational disruption
5        that would be caused by a transfer of the respondent to
6        another school, and any other relevant facts of the
7        case. The court may order that the respondent not
8        attend the public, private, or non-public elementary,
9        middle, or high school attended by the petitioner,
10        order that the respondent accept a change of placement
11        or change of program, as determined by the school
12        district or private or non-public school, or place
13        restrictions on the respondent's movements within the
14        school attended by the petitioner. The respondent
15        bears the burden of proving by a preponderance of the
16        evidence that a transfer, change of placement, or
17        change of program of the respondent is not available.
18        The respondent also bears the burden of production with
19        respect to the expense, difficulty, and educational
20        disruption that would be caused by a transfer of the
21        respondent to another school. A transfer, change of
22        placement, or change of program is not unavailable to
23        the respondent solely on the ground that the respondent
24        does not agree with the school district's or private or
25        non-public school's transfer, change of placement, or
26        change of program or solely on the ground that the

 

 

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1        respondent fails or refuses to consent or otherwise
2        does not take an action required to effectuate a
3        transfer, change of placement, or change of program.
4        When a court orders a respondent to stay away from the
5        public, private, or non-public school attended by the
6        petitioner and the respondent requests a transfer to
7        another attendance center within the respondent's
8        school district or private or non-public school, the
9        school district or private or non-public school shall
10        have sole discretion to determine the attendance
11        center to which the respondent is transferred. In the
12        event the court order results in a transfer of the
13        minor respondent to another attendance center, a
14        change in the respondent's placement, or a change of
15        the respondent's program, the parents, guardian, or
16        legal custodian of the respondent is responsible for
17        transportation and other costs associated with the
18        transfer or change.
19            (C) The court may order the parents, guardian, or
20        legal custodian of a minor respondent to take certain
21        actions or to refrain from taking certain actions to
22        ensure that the respondent complies with the order. In
23        the event the court orders a transfer of the respondent
24        to another school, the parents, guardian, or legal
25        custodian of the respondent is responsible for
26        transportation and other costs associated with the

 

 

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1        change of school by the respondent.
2        (4) Counseling. Require or recommend the respondent to
3    undergo counseling for a specified duration with a social
4    worker, psychologist, clinical psychologist, psychiatrist,
5    family service agency, alcohol or substance abuse program,
6    mental health center guidance counselor, agency providing
7    services to elders, program designed for domestic violence
8    abusers or any other guidance service the court deems
9    appropriate. The Court may order the respondent in any
10    intimate partner relationship to report to an Illinois
11    Department of Human Services protocol approved partner
12    abuse intervention program for an assessment and to follow
13    all recommended treatment.
14        (5) Physical care and possession of the minor child. In
15    order to protect the minor child from abuse, neglect, or
16    unwarranted separation from the person who has been the
17    minor child's primary caretaker, or to otherwise protect
18    the well-being of the minor child, the court may do either
19    or both of the following: (i) grant petitioner physical
20    care or possession of the minor child, or both, or (ii)
21    order respondent to return a minor child to, or not remove
22    a minor child from, the physical care of a parent or person
23    in loco parentis.
24        If a court finds, after a hearing, that respondent has
25    committed abuse (as defined in Section 103) of a minor
26    child, there shall be a rebuttable presumption that

 

 

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1    awarding physical care to respondent would not be in the
2    minor child's best interest.
3        (6) Temporary allocation of parental responsibilities:
4    significant decision-making. Award temporary
5    decision-making responsibility to petitioner in accordance
6    with this Section, the Illinois Marriage and Dissolution of
7    Marriage Act, the Illinois Parentage Act of 2015, and this
8    State's Uniform Child-Custody Jurisdiction and Enforcement
9    Act.
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 temporary significant decision-making
14    responsibility to respondent would not be in the child's
15    best interest.
16        (7) Parenting time. Determine the parenting time, if
17    any, of respondent in any case in which the court awards
18    physical care or allocates temporary significant
19    decision-making responsibility of a minor child to
20    petitioner. The court shall restrict or deny respondent's
21    parenting time with a minor child if the court finds that
22    respondent has done or is likely to do any of the
23    following: (i) abuse or endanger the minor child during
24    parenting time; (ii) use the parenting time as an
25    opportunity to abuse or harass petitioner or petitioner's
26    family or household members; (iii) improperly conceal or

 

 

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1    detain the minor child; or (iv) otherwise act in a manner
2    that is not in the best interests of the minor child. The
3    court shall not be limited by the standards set forth in
4    Section 603.10 of the Illinois Marriage and Dissolution of
5    Marriage Act. If the court grants parenting time, the order
6    shall specify dates and times for the parenting time to
7    take place or other specific parameters or conditions that
8    are appropriate. No order for parenting time shall refer
9    merely to the term "reasonable parenting time".
10        Petitioner may deny respondent access to the minor
11    child if, when respondent arrives for parenting time,
12    respondent is under the influence of drugs or alcohol and
13    constitutes a threat to the safety and well-being of
14    petitioner or petitioner's minor children or is behaving in
15    a violent or abusive manner.
16        If necessary to protect any member of petitioner's
17    family or household from future abuse, respondent shall be
18    prohibited from coming to petitioner's residence to meet
19    the minor child for parenting time, and the parties shall
20    submit to the court their recommendations for reasonable
21    alternative arrangements for parenting time. A person may
22    be approved to supervise parenting time only after filing
23    an affidavit accepting that responsibility and
24    acknowledging accountability to the court.
25        (8) Removal or concealment of minor child. Prohibit
26    respondent from removing a minor child from the State or

 

 

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1    concealing the child within the State.
2        (9) Order to appear. Order the respondent to appear in
3    court, alone or with a minor child, to prevent abuse,
4    neglect, removal or concealment of the child, to return the
5    child to the custody or care of the petitioner or to permit
6    any court-ordered interview or examination of the child or
7    the respondent.
8        (10) Possession of personal property. Grant petitioner
9    exclusive possession of personal property and, if
10    respondent has possession or control, direct respondent to
11    promptly make it available to petitioner, if:
12            (i) petitioner, but not respondent, owns the
13        property; or
14            (ii) the parties own the property jointly; sharing
15        it would risk abuse of petitioner by respondent or is
16        impracticable; and the balance of hardships favors
17        temporary possession by petitioner.
18        If petitioner's sole claim to ownership of the property
19    is that it is marital property, the court may award
20    petitioner temporary possession thereof under the
21    standards of subparagraph (ii) of this paragraph only if a
22    proper proceeding has been filed under the Illinois
23    Marriage and Dissolution of Marriage Act, as now or
24    hereafter amended.
25        No order under this provision shall affect title to
26    property.

 

 

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1        (11) Protection of property. Forbid the respondent
2    from taking, transferring, encumbering, concealing,
3    damaging or otherwise disposing of any real or personal
4    property, except as explicitly authorized by the court, if:
5            (i) petitioner, but not respondent, owns the
6        property; or
7            (ii) the parties own the property jointly, and the
8        balance of hardships favors granting this remedy.
9        If petitioner's sole claim to ownership of the property
10    is that it is marital property, the court may grant
11    petitioner relief under subparagraph (ii) of this
12    paragraph only if a proper proceeding has been filed under
13    the Illinois Marriage and Dissolution of Marriage Act, as
14    now or hereafter amended.
15        The court may further prohibit respondent from
16    improperly using the financial or other resources of an
17    aged member of the family or household for the profit or
18    advantage of respondent or of any other person.
19        (11.5) Protection of animals. Grant the petitioner the
20    exclusive care, custody, or control of any animal owned,
21    possessed, leased, kept, or held by either the petitioner
22    or the respondent or a minor child residing in the
23    residence or household of either the petitioner or the
24    respondent and order the respondent to stay away from the
25    animal and forbid the respondent from taking,
26    transferring, encumbering, concealing, harming, or

 

 

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1    otherwise disposing of the animal.
2        (12) Order for payment of support. Order respondent to
3    pay temporary support for the petitioner or any child in
4    the petitioner's care or over whom the petitioner has been
5    allocated parental responsibility, when the respondent has
6    a legal obligation to support that person, in accordance
7    with the Illinois Marriage and Dissolution of Marriage Act,
8    which shall govern, among other matters, the amount of
9    support, payment through the clerk and withholding of
10    income to secure payment. An order for child support may be
11    granted to a petitioner with lawful physical care of a
12    child, or an order or agreement for physical care of a
13    child, prior to entry of an order allocating significant
14    decision-making responsibility. Such a support order shall
15    expire upon entry of a valid order allocating parental
16    responsibility differently and vacating the petitioner's
17    significant decision-making authority, unless otherwise
18    provided in the order.
19        (13) Order for payment of losses. Order respondent to
20    pay petitioner for losses suffered as a direct result of
21    the abuse, neglect, or exploitation. Such losses shall
22    include, but not be limited to, medical expenses, lost
23    earnings or other support, repair or replacement of
24    property damaged or taken, reasonable attorney's fees,
25    court costs and moving or other travel expenses, including
26    additional reasonable expenses for temporary shelter and

 

 

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1    restaurant meals.
2            (i) Losses affecting family needs. If a party is
3        entitled to seek maintenance, child support or
4        property distribution from the other party under the
5        Illinois Marriage and Dissolution of Marriage Act, as
6        now or hereafter amended, the court may order
7        respondent to reimburse petitioner's actual losses, to
8        the extent that such reimbursement would be
9        "appropriate temporary relief", as authorized by
10        subsection (a)(3) of Section 501 of that Act.
11            (ii) Recovery of expenses. In the case of an
12        improper concealment or removal of a minor child, the
13        court may order respondent to pay the reasonable
14        expenses incurred or to be incurred in the search for
15        and recovery of the minor child, including but not
16        limited to legal fees, court costs, private
17        investigator fees, and travel costs.
18        (14) Prohibition of entry. Prohibit the respondent
19    from entering or remaining in the residence or household
20    while the respondent is under the influence of alcohol or
21    drugs and constitutes a threat to the safety and well-being
22    of the petitioner or the petitioner's children.
23        (14.5) Prohibition of firearm possession.
24            (a) Prohibit a respondent against whom an order of
25        protection was issued from possessing any firearms
26        during the duration of the order if the order:

 

 

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1                (1) was issued after a hearing of which such
2            person received actual notice, and at which such
3            person had an opportunity to participate;
4                (2) restrains such person from harassing,
5            stalking, or threatening an intimate partner of
6            such person or child of such intimate partner or
7            person, or engaging in other conduct that would
8            place an intimate partner in reasonable fear of
9            bodily injury to the partner or child; and
10                (3)(i) includes a finding that such person
11            represents a credible threat to the physical
12            safety of such intimate partner or child; or (ii)
13            by its terms explicitly prohibits the use,
14            attempted use, or threatened use of physical force
15            against such intimate partner or child that would
16            reasonably be expected to cause bodily injury.
17        Any Firearm Owner's Identification Card in the
18        possession of the respondent, except as provided in
19        subsection (b), shall be ordered by the court to be
20        turned over to the local law enforcement agency. The
21        local law enforcement agency shall immediately mail
22        the card to the Department of State Police Firearm
23        Owner's Identification Card Office for safekeeping.
24        The court shall issue a warrant for seizure of any
25        firearm in the possession of the respondent, to be kept
26        by the local law enforcement agency for safekeeping,

 

 

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1        except as provided in subsection (b). The period of
2        safekeeping shall be for the duration of the order of
3        protection. The firearm or firearms and Firearm
4        Owner's Identification Card, if unexpired, shall at
5        the respondent's request, be returned to the
6        respondent at the end of the order of protection. It is
7        the respondent's responsibility to notify the
8        Department of State Police Firearm Owner's
9        Identification Card Office.
10            (b) If the respondent is a peace officer as defined
11        in Section 2-13 of the Criminal Code of 2012, the court
12        shall order that any firearms used by the respondent in
13        the performance of his or her duties as a peace officer
14        be surrendered to the chief law enforcement executive
15        of the agency in which the respondent is employed, who
16        shall retain the firearms for safekeeping for the
17        duration of the order of protection.
18            (c) Upon expiration of the period of safekeeping,
19        if the firearms or Firearm Owner's Identification Card
20        cannot be returned to respondent because respondent
21        cannot be located, fails to respond to requests to
22        retrieve the firearms, or is not lawfully eligible to
23        possess a firearm, upon petition from the local law
24        enforcement agency, the court may order the local law
25        enforcement agency to destroy the firearms, use the
26        firearms for training purposes, or for any other

 

 

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1        application as deemed appropriate by the local law
2        enforcement agency; or that the firearms be turned over
3        to a third party who is lawfully eligible to possess
4        firearms, and who does not reside with respondent.
5        (15) Prohibition of access to records. If an order of
6    protection prohibits respondent from having contact with
7    the minor child, or if petitioner's address is omitted
8    under subsection (b) of Section 203, or if necessary to
9    prevent abuse or wrongful removal or concealment of a minor
10    child, the order shall deny respondent access to, and
11    prohibit respondent from inspecting, obtaining, or
12    attempting to inspect or obtain, school or any other
13    records of the minor child who is in the care of
14    petitioner.
15        (16) Order for payment of shelter services. Order
16    respondent to reimburse a shelter providing temporary
17    housing and counseling services to the petitioner for the
18    cost of the services, as certified by the shelter and
19    deemed reasonable by the court.
20        (17) Order for injunctive relief. Enter injunctive
21    relief necessary or appropriate to prevent further abuse of
22    a family or household member or further abuse, neglect, or
23    exploitation of a high-risk adult with disabilities or to
24    effectuate one of the granted remedies, if supported by the
25    balance of hardships. If the harm to be prevented by the
26    injunction is abuse or any other harm that one of the

 

 

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1    remedies listed in paragraphs (1) through (16) of this
2    subsection is designed to prevent, no further evidence is
3    necessary that the harm is an irreparable injury.
4        (18) Telephone services.
5            (A) Unless a condition described in subparagraph
6        (B) of this paragraph exists, the court may, upon
7        request by the petitioner, order a wireless telephone
8        service provider to transfer to the petitioner the
9        right to continue to use a telephone number or numbers
10        indicated by the petitioner and the financial
11        responsibility associated with the number or numbers,
12        as set forth in subparagraph (C) of this paragraph. For
13        purposes of this paragraph (18), the term "wireless
14        telephone service provider" means a provider of
15        commercial mobile service as defined in 47 U.S.C. 332.
16        The petitioner may request the transfer of each
17        telephone number that the petitioner, or a minor child
18        in his or her custody, uses. The clerk of the court
19        shall serve the order on the wireless telephone service
20        provider's agent for service of process provided to the
21        Illinois Commerce Commission. The order shall contain
22        all of the following:
23                (i) The name and billing telephone number of
24            the account holder including the name of the
25            wireless telephone service provider that serves
26            the account.

 

 

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1                (ii) Each telephone number that will be
2            transferred.
3                (iii) A statement that the provider transfers
4            to the petitioner all financial responsibility for
5            and right to the use of any telephone number
6            transferred under this paragraph.
7            (B) A wireless telephone service provider shall
8        terminate the respondent's use of, and shall transfer
9        to the petitioner use of, the telephone number or
10        numbers indicated in subparagraph (A) of this
11        paragraph unless it notifies the petitioner, within 72
12        hours after it receives the order, that one of the
13        following applies:
14                (i) The account holder named in the order has
15            terminated the account.
16                (ii) A difference in network technology would
17            prevent or impair the functionality of a device on
18            a network if the transfer occurs.
19                (iii) The transfer would cause a geographic or
20            other limitation on network or service provision
21            to the petitioner.
22                (iv) Another technological or operational
23            issue would prevent or impair the use of the
24            telephone number if the transfer occurs.
25            (C) The petitioner assumes all financial
26        responsibility for and right to the use of any

 

 

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1        telephone number transferred under this paragraph. In
2        this paragraph, "financial responsibility" includes
3        monthly service costs and costs associated with any
4        mobile device associated with the number.
5            (D) A wireless telephone service provider may
6        apply to the petitioner its routine and customary
7        requirements for establishing an account or
8        transferring a number, including requiring the
9        petitioner to provide proof of identification,
10        financial information, and customer preferences.
11            (E) Except for willful or wanton misconduct, a
12        wireless telephone service provider is immune from
13        civil liability for its actions taken in compliance
14        with a court order issued under this paragraph.
15            (F) All wireless service providers that provide
16        services to residential customers shall provide to the
17        Illinois Commerce Commission the name and address of an
18        agent for service of orders entered under this
19        paragraph (18). Any change in status of the registered
20        agent must be reported to the Illinois Commerce
21        Commission within 30 days of such change.
22            (G) The Illinois Commerce Commission shall
23        maintain the list of registered agents for service for
24        each wireless telephone service provider on the
25        Commission's website. The Commission may consult with
26        wireless telephone service providers and the Circuit

 

 

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1        Court Clerks on the manner in which this information is
2        provided and displayed.
3    (c) Relevant factors; findings.
4        (1) In determining whether to grant a specific remedy,
5    other than payment of support, the court shall consider
6    relevant factors, including but not limited to the
7    following:
8            (i) the nature, frequency, severity, pattern and
9        consequences of the respondent's past abuse, neglect
10        or exploitation of the petitioner or any family or
11        household member, including the concealment of his or
12        her location in order to evade service of process or
13        notice, and the likelihood of danger of future abuse,
14        neglect, or exploitation to petitioner or any member of
15        petitioner's or respondent's family or household; and
16            (ii) the danger that any minor child will be abused
17        or neglected or improperly relocated from the
18        jurisdiction, improperly concealed within the State or
19        improperly separated from the child's primary
20        caretaker.
21        (2) In comparing relative hardships resulting to the
22    parties from loss of possession of the family home, the
23    court shall consider relevant factors, including but not
24    limited to the following:
25            (i) availability, accessibility, cost, safety,
26        adequacy, location and other characteristics of

 

 

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1        alternate housing for each party and any minor child or
2        dependent adult in the party's care;
3            (ii) the effect on the party's employment; and
4            (iii) the effect on the relationship of the party,
5        and any minor child or dependent adult in the party's
6        care, to family, school, church and community.
7        (3) Subject to the exceptions set forth in paragraph
8    (4) of this subsection, the court shall make its findings
9    in an official record or in writing, and shall at a minimum
10    set forth the following:
11            (i) That the court has considered the applicable
12        relevant factors described in paragraphs (1) and (2) of
13        this subsection.
14            (ii) Whether the conduct or actions of respondent,
15        unless prohibited, will likely cause irreparable harm
16        or continued abuse.
17            (iii) Whether it is necessary to grant the
18        requested relief in order to protect petitioner or
19        other alleged abused persons.
20        (4) For purposes of issuing an ex parte emergency order
21    of protection, the court, as an alternative to or as a
22    supplement to making the findings described in paragraphs
23    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
24    the following procedure:
25        When a verified petition for an emergency order of
26    protection in accordance with the requirements of Sections

 

 

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1    203 and 217 is presented to the court, the court shall
2    examine petitioner on oath or affirmation. An emergency
3    order of protection shall be issued by the court if it
4    appears from the contents of the petition and the
5    examination of petitioner that the averments are
6    sufficient to indicate abuse by respondent and to support
7    the granting of relief under the issuance of the emergency
8    order of protection.
9        (5) Never married parties. No rights or
10    responsibilities for a minor child born outside of marriage
11    attach to a putative father until a father and child
12    relationship has been established under the Illinois
13    Parentage Act of 1984, the Illinois Parentage Act of 2015,
14    the Illinois Public Aid Code, Section 12 of the Vital
15    Records Act, the Juvenile Court Act of 1987, the Probate
16    Act of 1985, the Revised Uniform Reciprocal Enforcement of
17    Support Act, the Uniform Interstate Family Support Act, the
18    Expedited Child Support Act of 1990, any judicial,
19    administrative, or other act of another state or territory,
20    any other Illinois statute, or by any foreign nation
21    establishing the father and child relationship, any other
22    proceeding substantially in conformity with the Personal
23    Responsibility and Work Opportunity Reconciliation Act of
24    1996 (Pub. L. 104-193), or where both parties appeared in
25    open court or at an administrative hearing acknowledging
26    under oath or admitting by affirmation the existence of a

 

 

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1    father and child relationship. Absent such an
2    adjudication, finding, or acknowledgement, no putative
3    father shall be granted temporary allocation of parental
4    responsibilities, including parenting time with the minor
5    child, or physical care and possession of the minor child,
6    nor shall an order of payment for support of the minor
7    child be entered.
8    (d) Balance of hardships; findings. If the court finds that
9the balance of hardships does not support the granting of a
10remedy governed by paragraph (2), (3), (10), (11), or (16) of
11subsection (b) of this Section, which may require such
12balancing, the court's findings shall so indicate and shall
13include a finding as to whether granting the remedy will result
14in hardship to respondent that would substantially outweigh the
15hardship to petitioner from denial of the remedy. The findings
16shall be an official record or in writing.
17    (e) Denial of remedies. Denial of any remedy shall not be
18based, in whole or in part, on evidence that:
19        (1) Respondent has cause for any use of force, unless
20    that cause satisfies the standards for justifiable use of
21    force provided by Article 7 of the Criminal Code of 2012;
22        (2) Respondent was voluntarily intoxicated;
23        (3) Petitioner acted in self-defense or defense of
24    another, provided that, if petitioner utilized force, such
25    force was justifiable under Article 7 of the Criminal Code
26    of 2012;

 

 

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1        (4) Petitioner did not act in self-defense or defense
2    of another;
3        (5) Petitioner left the residence or household to avoid
4    further abuse, neglect, or exploitation by respondent;
5        (6) Petitioner did not leave the residence or household
6    to avoid further abuse, neglect, or exploitation by
7    respondent;
8        (7) Conduct by any family or household member excused
9    the abuse, neglect, or exploitation by respondent, unless
10    that same conduct would have excused such abuse, neglect,
11    or exploitation if the parties had not been family or
12    household members.
13(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
14eff. 7-28-16.)