The Truth About Domestic Violence in Illinois

 Posted on November 07, 2023 in Family Law

Violence against anyone can lead to a criminal offense with severe penalties. Domestic violence can include a wide array of potential issues that could damage familial relationships and cause irreparable harm. In some cases, the violence can get so bad that an order of protection may be required to fend off the abuser. An attorney with experience in family violence cases can help you file for a protection order and offer their services in court when the time comes.

What is Domestic Violence?

Illinois considers domestic violence to be physical abuse, harassment, intimidation, personal liberty interference, or willful deprivation of a family or household member. Family or household members include the following:

• Current or former spouses
• Children
• Your child’s parent
• Other blood relatives
• Roommates
• Individuals you are romantically or were romantically involved with
• Elderly assistants and caretakers

What Kinds of Protection Are Available?

Illinois allows for three protection orders: Emergency, Interim, and Plenary.

A judge can grant an emergency order to prevent the harm done by an abuser if they feel there is immediate danger in the household. The judge can also have the abuser removed from the home if they think the potential abuse outweighs the hardship the abuser would face from being evicted from the house. Emergency orders will usually only last between 14 to 21 days.

Interim orders are meant to protect you from an abuser between the time of an emergency order expiration and the hearing of a plenary order. It essentially fills the gap to keep the protections in place should you require them. Interim orders can last for up to 30 days.

Full protections that last up to two years will require a plenary order. The court must hear your plea for the protection order with both you and the abuser present. During the hearing, both sides will be able to present evidence. Plenary orders are renewable, and there is no limit to how many times an order can be renewed.

What Laws are in Place to Protect Me From Domestic Violence?

Two acts that became law on domestic violence in Illinois are the Illinois Domestic Violence Act of 1986 and the Illinois Elder Abuse and Neglect Act of 1988. Both laws provide protection in the case of abuse from a family or household member.

Contact a Kane County, IL Family Law Attorney

Do not accept the abuse within your household. There are laws and protections in place to get you the help you need. An experienced Geneva, IL domestic violence and protection orders lawyer can provide the compassionate representation required of such a case. Contact the firm of Serrano Hanson at 630-844-8781 to set up an appointment.