In 2014, peace officers throughout the state responded to more than 65,000 distress calls stemming from relationship violence, and that figure may only be a fraction of the actual number. When home life becomes dangerous, victims need immediate assistance to prevent the situation from deteriorating even further. At the same time, unproved or frivolous complaints often make it difficult or even impossible to obtain a reasonable visitation/custody decree and result in many other hardships.
The bottom line is that both victims and alleged abusers need protection from an experienced attorney who knows the law and knows how to make it work.
Who Does the Law Protect?
The Illinois Domestic Violence Act greatly expands the once commonly-held traditional view that relationship violence only takes place between intimate partners. In fact, the IDVA applies in a wide array of situations, including:
- Current and former spouses,
- Current and former dating partners,
- Unmarried people who have a child together,
- Current and former roommates,
- People related by blood or marriage, and
- Current and former caregivers for disabled or elderly adults.
Some of these relationships are objective because, for example, two people are either related by blood or marriage or they are not. However, many are at least somewhat subjective. One night out may not make two people “dating partners” under the law, and one night on someone else’s sofa does not establish a roommate relationship. Even marriage can be ambiguous because Illinois does not recognize informal or “common-law” marriages in most cases.
What Does the Law Prevent?
Relationship violence can be much more than physical violence, so the law also includes mental, emotional, and verbal abuse. Some specific prohibited acts include:
- Physical assault,
- Sexual abuse,
- Stalking,
- Creating a disturbance, and
- Terroristic threats.
One verified incident of physical abuse is normally sufficient grounds for a protective order, and incidents that involve more than a de minimis injury are normally easier to prove. Non-physical abuse must generally be part of a pattern of conduct because in order to issue an order, a judge must be convinced that the victim reasonably fears for his or her safety.
What Relief is Available?
People can request protective orders on behalf of themselves, a minor child, another household member, or any disabled adult. There are three types of orders in Illinois:
- Emergency Order: A judge can grant this order based solely on the victim’s affidavit, assuming that the victim reasonably fears for his or her safety and that there is an imminent threat of serious harm. These orders are normally only valid for a few days.
- Interim Order: After the emergency order expires, a judge can issue an interim order that basically has the same provisions and is valid for an additional thirty days.
- Plenary Order: Once the alleged abuser receives written notice of the action, the victim can schedule a hearing. After this hearing, the judge may extend the protective order for up to two years.
A protective order can direct a person to vacate a shared residence, stay away from certain places, order the payment of monetary reimbursement and support, direct a person to attend counselling, and do some other things. Any violation can be considered a criminal offense, if it is proved in court.
Contact Experienced Attorneys
Protective orders should uphold the rights of the weak and not punish the strong. For a free consultation, contact an experienced family law attorney in Schaumburg from Glasgow & Olsson. After-hours appointments are available.