HB 2524 — DOMESTIC VIOLENCE-DEFINITION

093_HB2524HB2524 Engrossed LRB093 09826 RLC 10073 b AN ACT in relation to domestic violence.

Exploitation includes, but is not limited to, HB2524 Engrossed -2- LRB093 09826 RLC 10073 b the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.

HB2524 Engrossed -3- LRB093 09826 RLC 10073 b (i) creating a disturbance at petitioner's place of employment or school;

physical force HB2524 Engrossed -4- LRB093 09826 RLC 10073 b against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.

HB2524 Engrossed -5- LRB093 09826 RLC 10073 b (14) "Physical abuse" includes sexual abuse and means any of the following:

The court, when determining whether or not to issue an order of protection, shall not require HB2524 Engrossed -6- LRB093 09826 RLC 10073 b physical manifestations of abuse on the person of the victim.

A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any person or entity other than the HB2524 Engrossed -7- LRB093 09826 RLC 10073 b opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter).

Order respondent to stay away from petitioner or any HB2524 Engrossed -8- LRB093 09826 RLC 10073 b other person protected by the order of protection, or prohibit respondent from entering or remaining present at petitioner's school, place of employment, or other specified places at times when petitioner is present, or both, if reasonable, given the balance of hardships.

(i) grant petitioner physical care or possession of the minor HB2524 Engrossed -9- LRB093 09826 RLC 10073 b child, or both, or (ii) order respondent to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis.

If the court grants visitation, the order shall specify dates and times for the visitation to HB2524 Engrossed -10- LRB093 09826 RLC 10073 b take place or other specific parameters or conditions that are appropriate.

or HB2524 Engrossed -11- LRB093 09826 RLC 10073 b (ii) the parties own the property jointly;

Order HB2524 Engrossed -12- LRB093 09826 RLC 10073 b respondent to pay temporary support for the petitioner or any child in the petitioner's care or custody, when the respondent has a legal obligation to support that person, in accordance with the Illinois Marriage and Dissolution of Marriage Act, which shall govern, among other matters, the amount of support, payment through the clerk and withholding of income to secure payment.

In the case of an improper concealment or removal of a minor child, HB2524 Engrossed -13- LRB093 09826 RLC 10073 b the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including but not limited to legal fees, court costs, private investigator fees, and travel costs.

(b) If the respondent is a peace officer as HB2524 Engrossed -14- LRB093 09826 RLC 10073 b defined in Section 2-13 of the Criminal Code of 1961, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the stated period not to exceed 2 years as set forth in the court order.

If the harm to be prevented by the injunction is abuse or any other harm that one of the remedies listed in paragraphs (1) through (16) of this subsection is designed to prevent, no further evidence is necessary HB2524 Engrossed -15- LRB093 09826 RLC 10073 b that the harm is an irreparable injury.

(3) Subject to the exceptions set forth in HB2524 Engrossed -16- LRB093 09826 RLC 10073 b paragraph (4) of this subsection, the court shall make its findings in an official record or in writing, and shall at a minimum set forth the following:

No rights or responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1985, the Revised HB2524 Engrossed -17- LRB093 09826 RLC 10073 b Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, administrative, or other act of another state or territory, any other Illinois statute, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub.

HB2524 Engrossed -18- LRB093 09826 RLC 10073 b (3) Petitioner acted in self-defense or defense of another, provided that, if petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;