Domestic Violence

Priyanka Jeph

Advocacy

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Starting a Case to get an order of protection

Make sure you are safe

The first thing you need to do is make sure you are safe. Domestic violence victims are most likely to be attacked when they leave the abuser and/or when they seek legal help. You don't have control over your partner's violence, but you do have a choice about how to respond, and how best to get you and your loved ones to safety.

Look for free legal help

You are not alone. There are several domestic violence agencies throughout the state that can help you through this process.

Before taking action, you can call the County's helpline. You can also call your local domestic violence agency. These organizations can help you understand your options. They can also tell you what to expect if you decide to go to court.

Fill out Order of Protection forms

To get an Order of Protection, you must file court papers and talk to a judge.

You will need to fill out these forms to ask for an Order of Protection:

Petition for Order of Protection: gives the court information needed to decide if you can get an Order of Protection. This petition will include specific remedies (what you are asking for) and the allegations of abuse (why you are requesting the Order of Protection).
Order of Protection: There are two kinds of Orders. You can ask for one or both.
- An Emergency Order of Protection gives protection up to three weeks. The court can grant this without the abuser knowing about your petition.
- A Plenary Order of Protection gives protection up to two years. The court can grant this once the abuser knows about your petition and has the opportunity to appear.
Summons: gives the sheriff information to deliver the petition and Order of Protection, if granted, to the abuser.

Use the Order of Protection program to fill out your forms. After your forms are ready, sign them and make three extra copies of each form. All Counties will accept both online and in-person petitions.

Your petition tells the judge what you are asking for and why. You must write about the abuse you experienced. Include as many details as you can remember. The judge will use the information in your petition to decide whether to give you the order.

Include in the description of the abuse:

What the abuser did and said,
The dates and time of day of the abuse (if you do not remember, then give an estimate),
Where the abuse happened,
Who saw or heard the abuse. Be sure to mention if your children were there,
If you were hurt by the abuse,
If the police were called,
How the abuse made you feel, and
If there was anything that stopped you from coming to court sooner.

Make sure to include details about what has happened recently that made you feel like you need an order

If you believe giving your home address will put you or any people you live with at a risk of abuse, you do not have to put your address on your court papers. You do have to put an address where you can receive mail. You can use a P.O. Box, work address, or the address of a family member or friend that the abuser knows.

File your forms with the court

Now that you have filled out your forms, take one of the following actions:

File the forms with the circuit clerk at the courthouse in the county where you live, where the abuser lives, or where the events happened. The circuit clerk will not charge you a fee to file your forms. They will stamp and keep the original forms. Have the circuit clerk also stamp the extra copies of your forms. Keep a copy for your records.

E-file the forms. To e-file, choose a service provider. Some service providers are free while others charge a processing fee. Use that provider to file your forms electronically.

The clerk will tell you which judge will hear your request for an Emergency Order of Protection. You will then go to their courtroom for your hearing.

Domestic Violence During Pandemic

Domestic violence is one of the most important issues affecting our society. If you are experiencing domestic violence during the coronavirus pandemic, please know that you are not alone. Research has shown that abusers use isolation as a key tool to abuse their victims. There are many organizations that can provide support and the court system can also provide adequate protection.

You can still ask for an Order of Protection from a judge. Even though most courts are not hearing cases in person, the courts are open remotely for many kinds of cases. This includes Orders of Protection.

An Order of Protection prevents the abuser from abusing you any further. The order can prevent the abusive person from contacting you at all. If you live together, the order can force the person to move out.

It is important that you remember that the law does not define abuse just as physical abuse or harassment. Abuse includes:

Threats of any kind,
Constant tracking,
Monitoring your habits,
Depriving your liberty in any way, and
Hiding minor children to cause you distress.

It also does not matter if the abuse occurred some time ago. You are entitled to seek an order of protection whenever you have experienced abuse and you fear experiencing it again in the future. Just because you did not seek an Order after a specific domestic violence incident, does not mean you consented to the abuse. Breaking the abuse cycle and leaving abusers is very difficult and victims are never to be blamed. You can check out our article on Orders of Protection for more information.

In this article, we will review how the courts can help you. But court is not always the only or best option. You are the one who will know best what sort of plan will make you the most safe.

Order of Protection Basics

An Order of Protection is a court paper that protects its holder from abuse of:

Someone in their family,
A current or former partner, or
Someone who lives with them.

You can seek an Order of Protection for:

Yourself,
Minors you care for,
The elderly, or
Persons with disabilities who are unable to seek an Order of Protection for themselves.

An Order of Protection is also known as a restraining order. It is a safety tool for victims of abuse. With an Order of Protection, a victim can ask a judge for protection from an abuser. A judge may require the abuser to:

Stop abusive acts,
Stay away from the victim and other people protected by the order,
Not contact the victim via telephone calls, mail, email, written notes, or third parties,
Stay away from the victim's home, school, or work,
Attend counseling,
Pay child support,
Return or stay away from property and pets,
Move out of a home they share with the victim, and
Pay for property that the abuser may have damaged during the abuse.

A judge can prevent an abuser from seeing the phone records of the victim and any minor child in the victim's custody. The Order of Protection can require phone service providers to transfer service so that the victim can keep the same phone number. The victim will have to pay the bill.

A judge can also change parental responsibilities in an Order of Protection if minors are involved and one of the parents is an abuser. This will only be temporary. It is not a substitute for determining parental responsibilities with a domestic relations judge. However, it will help get the minors in a safe environment away from the abuser.

In Illinois, the following persons can seek an Order of Protection:

Any person abused by a family or household member,
Any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member,
Any minor child or dependent adult in the care of the abuser, and
Any person residing or employed at a private or public shelter which is housing an abused family or household member.

The following people can also seek an Order of Protection, if the person is abused by a family or household member of a child:

A foster parent of that child, if the child has been placed in the foster parent's home by the agency
A guardian or custodian,
An adoptive parent, or
A prospective adoptive parent of that child, if the child has been placed in the prospective parent's home.

Abuse can be defined broadly which means that abuse is not just physical abuse. It also includes:

Harassment,
Intimidation of a dependent,
Interference with personal liberty,
Willful deprivation,
Calling,
Yelling,
Throwing objects or food (even if not directed at the victim),
Controlling someone's behavior,
Checking phones,
Not allowing the victim to contact or see family or friends, and
Taking actions that would reasonably cause emotional distress such as rationing food or depriving the victim of sleep.

If a victim wants to be protected from someone who is not related to or living with them, then they may seek a Civil No Contact Order or a Stalking Order.

A person can ask for an Order of Protection by:

Contacting a local domestic violence program and asking for help.
Filing a civil court petition on your own online or by going to your local circuit clerk's office to file a petition on your own in civil court,
Asking a lawyer to file a request for an Order of Protection in court or as part of an existing case like a divorce, or
Requesting a criminal Order of Protection once criminal charges are filed by the state's attorney.

Most courthouses offer free legal help for you to file a case.

Protecting your address as a survivor of domestic violence

Sometimes, a person's address is public information. This law allows a survivor to use a special address instead of their personal address for public records.

Eligibility

Under the law, you can apply to the Attorney General to use a special address if you are:

An adult,
A parent or guardian of a child, or
A guardian acting on behalf of a person with a disability.

Application

To qualify, you must fill out an application with the following information:

A sworn statement saying that you believe you were a victim of domestic violence, sexual assault, or stalking and you fear for your safety,
Approval from the Attorney General to receive mail on your behalf,
The mailing address and phone number where you can be contacted by the Attorney General,
The new address or addresses that you want to protect from public view, and
Your signature.

Approval process

If your application for this program is approved, the Attorney General will verify you are a program participant. Applicants will be certified for 4 years unless the approval is canceled before then.

Living with someone who abuses me

If you live with your abuser, and you obtain an Order of Protection, you can ask for exclusive possession of the shared home. The abuser will have to leave and stay away from the home.

If the abuser has a legal right to be in the home, the judge will need to decide whether it is more difficult for you or the abuser to leave. The judge may ask if:

You have another place to stay,
Your abuser has another place to stay,
Any children live with you,
Both of you work, and
Your home is near your workplace or your children's school.

If the judge orders exclusive possession, call the police and ask that they escort you home. Tell the police officer that you have an Order of Protection and need the respondent removed from your home. The police will meet you at your home and tell the abuser they have to leave.

The court can order that you or the abuser be able to go into the house without the police to get clothing, medicine, or other items you need. The judge can also order that property be exchanged at a different location.