by Suzanne Bertrand

Created on: March 23, 2010

According to a study done by The Illinois Coalition against Domestic Violence, 2,830 victims of domestic violence throughout the state were provided with lifesaving assistance from local providers in one 24 hour period. The domestic violence hotline received 52 calls in a 1hour period in the state of Illinois. Domestic violence is defined as physical force, confinement, restraint, harassment, physical and sexual abuse.

An Illinois order of protection mandates an abuser to stop the abuse. This can coincide with mandatory counseling for the abuser as well. It provides determinations about how contact, residence, children and property will be handled.

*Civil

These cases are requested by the victim for protection from the abuser. A jail sentence is not involved unless the abuser breaks the order of protection. In civil orders, the victim is requesting help from the court system for safety protection.

*Criminal

These cases are initiated due to violations of law that are criminal in nature. The prosecutor holds control of the case due to the criminal involvement of the abuser. This might include murder, theft, assault or harassment. The prosecutor has ultimate control over the decision to drop charges in these cases.

*Seeking protection

While approaching this process, the victim presents to the court office to apply for an order of protection. This can be done in the county where the victim resides, where the abuser lives, where the abuse occurred, or where currently fleeing to seek safe shelter. If the victim is requesting to remove the abuser from the home then they need to petition the courts in the county where the home is located. If the victim has children to protect, this can be requested in the protection process. A victim has a right to an advocate and can request this when seeking an order of protection.

*Emergency

This type of protection order serves to protect someone who is in immediate danger. A victim can present to the court office and speak to a judge individually. If the victim is in danger or appears to be fearful of safety, an order can be granted for 14-21 days.

*Interim

This interim order of protection lasts for up to 30 days. It provides a temporary protection that is meant to bridge the gap between the other two orders. The period of time covers the victim until the hearing occurs.

*Plenary

The plenary order requires a court process with both individuals present. They have a right to a lawyer and the victim may also have a court advocate. This final order offers the most complete protection for the victim. It is a 2 year order that often can be renewed more than once.

*Sheltering

Staying with family and friends are often options that victims use when fleeing abusive situations. When looking to stay in a confidential setting, victims often stay with friends that are unknown to the abuser. Some victims decide to seek shelter services. Shelter programs and hotlines provide support to victims and families. Shelter programs offer temporary housing for women and children that are in abusive situations. The Illinois protection hotline is a resource that will help to offer options, support and counseling to victims of domestic violence.

No victim should ever have to live in fear or feel as if they are alone. There are laws in place to help support the safety of victims. The Illinois laws are intended to aid in protecting the victim. Obtaining an order of protection might be the most difficult, vital decision that a victim can make to regain power in life and stop the violence.

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