Illinois law defines domestic violence broadly to include physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. The abuse does not need to be physical — emotional abuse, financial control, stalking, and threatening behavior all qualify when committed by a family or household member.
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Domestic Violence
Chicago Domestic Violence Attorney and Orders of Protection
The Illinois Domestic Violence Act seeks to prevent repeated physical abuse and harassment among family, household members, and disabled adults. The term “family members” includes persons related by blood, persons who are or were married, persons who share the home, apartment or other dwellings, dating couples, and persons with disabilities.
An Order of Protection is a court order that prohibits an abuser from physical abuse, harassment, interfering with personal liberty, using physical force against or the confinement of another, or willfully denying a disabled or elderly person medication, medical services, shelter, or other needs. A person could also violate the Domestic Violence Act by committing acts of “neglect,” such as failing to take necessary steps to protect high-risk adults with disabilities or withholding necessities of life for that individual. In addition to the Domestic Violence Act, Illinois has adopted a Stalking No Contact Order Act, which has many provisions that parallel the Domestic Violence Act.
Often domestic violence actions are emergency matters that require immediate attention and a good understanding of the court system to achieve needed protection, so please contact WARD FAMILY LAW, LLC, if this is applicable to your case.
Frequently Asked Questions
What is an Order of Protection in Illinois?
An Order of Protection is a court order prohibiting an abuser from having contact with the victim, entering the victim's home or workplace, or engaging in further abusive behavior. Illinois offers Emergency Orders (issued without the abuser present), Interim Orders, and Plenary Orders after a hearing.
How do I get an Emergency Order of Protection in Illinois?
File a Petition for Emergency Order of Protection at your local circuit courthouse. You will appear before a judge without the abuser present, describe the abuse and need for protection, and the judge can issue the order the same day.
How long does an Order of Protection last in Illinois?
An Emergency Order of Protection lasts up to 21 days. An Interim Order lasts until a hearing is scheduled. A Plenary Order of Protection can last up to two years and can be renewed. Violations can prompt emergency renewal.
What are the consequences of violating an Order of Protection in Illinois?
Violating an Order of Protection is a Class A misdemeanor for a first offense and can be elevated to a felony for subsequent violations or if a weapon is used. Violators can be arrested, charged, and incarcerated.
Does domestic violence affect child custody in Illinois?
Yes. A history of domestic violence is a significant statutory factor in custody determinations. Courts may restrict parenting time, require supervised visitation, deny decision-making responsibilities, or require completion of a batterer's intervention program.
Can I include children in an Order of Protection?
Yes. Children who are victims of or at risk of domestic violence can be included in an Order of Protection, which can prohibit the abuser from contacting or approaching the children and their school or childcare locations.
What if I am falsely accused of domestic violence in Illinois?
Do not violate any orders that are entered even temporarily, contact an attorney immediately, gather evidence contradicting the accusations, and present your case at the full plenary hearing. False accusations can have serious legal consequences.
Can I still get divorced if I have a domestic violence order against my spouse?
Yes. A domestic violence situation often accelerates the need for divorce. Your attorney can coordinate divorce proceedings with any pending order of protection case to ensure your legal interests and safety are protected throughout both proceedings.
Are there resources available for domestic violence victims in Chicago?
Yes. Resources include the Illinois Domestic Violence Hotline at 1-877-863-6338, the Chicago Metropolitan Battered Women's Network, and various shelters and advocacy organizations. Your attorney can connect you with appropriate resources while pursuing legal protection on your behalf.
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