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posted on 2/22/16

Researchers estimate that one in three women and one in four men have been physically abused by an intimate partner sometime in their lifetimes. This estimate does not include other types of behavior, such as mental and emotional abuse, that are equally as harmful, nor does it take into account the broad definition of “domestic violence” in Illinois and elsewhere. Protective orders are not always a matter of life and death, but Illinois law always treats them as such, and rightfully so.

A look behind the numbers is even more chilling. Of the 84 domestic violence-related homicides that occurred in Illinois between 2013 and 2014, less than a third involved a firearm. In other words, violent aggressors sometimes do not even take the time to go to another room and retrieve a weapon once the situation escalates. At the same time, the danger cannot be underestimated: the presence of a firearm in the residence increases the probability of a violent event by over 50%.

Warning Signs of Abuse

Perhaps the best way to prevent domestic violence is to prevent events from occurring in the first place. Some hazardous behavior includes:

  • Physical violence against household pets,
  • Destruction of personal property,
  • Dominating behavior, such as control over finances, limitation of social contacts, and travel restrictions,
  • Inhibiting behavior, e.g., not allowing visits with family or school attendance,
  • Forced sex or forced unprotected sex, and
  • Unreasonable jealousy.

Additionally, there are some telltale signs that should create red flags for co-workers, friends, and family members. Some of them are:

  • Repeated injury,
  • Injuries that do not match the explanation given; for example, an errant baseball does not cause a burn,
  • Different wounds that are in various stages of healing,
  • Hesitancy to seek medical treatment for serious injuries,
  • Frequent trips to an emergency clinic or other provider, and
  • Unusual depression or higher than normal substance use.

What is “Domestic Abuse”?

As mentioned earlier, Illinois law defines this phrase very broadly. According to 750 I.L.C.S. 103, domestic violence can be:

  • Physical: The law mentions physical force, which also includes restraint or confinement, sexual abuse, intentional sleep deprivation, and any behavior “which creates an immediate risk of physical harm.”
  • Harassment: The term is defined as any non-necessary conduct that causes emotional distress. Some examples include repeated telephone calls, creating a disturbance at work or school, surveillance, and threats.
  • Intimidation of Dependent: This occurs when an alleged abuser forces a dependent to witness or participate in physical force; age, disability, and health can all make someone a “dependent” for purposes of this law.
  • Interference with Personal Liberty: Broadly speaking, interference involves the denial of a personal right, such as deprivation of medicine or shelter, if the targeted person does not comply with the alleged abuser’s demands.
  • Willful Deprivation: This area typically applies to elderly people who are put at risk for mental, physical, or emotional harm due to a deprivation.

In all these instances, there does not need to be any physical injury, such as a bruise or red mark, although such evidence does make it easier to obtain a protective order. In a similar vein, a third party witness is not necessary, but such evidence is extremely valuable.

Attorneys Who Give Victims a Voice

Domestic violence touches nearly every family in the Schaumburg area. If you are suffering from domestic violence, obtaining legal counsel and considering filing for an order of protection can often help. For a confidential consultation with our experienced lawyers, contact Glasgow & Olsson. We routinely represent clients throughout Chicagoland.