Domestic Violence and Legal Protections in Chicago

Domestic violence remains a pervasive issue no matter where you live. Countless individuals face physical, emotional, and financial abuse within their homes at the hands of their intimate partners and household members. In Chicago, there are legal protections in place for survivors of domestic violence, such as emergency and plenary orders of protection. A compassionate family law attorney can help you use these legal tools and access critical support services.

Understanding Domestic Violence

Under the Illinois Domestic Violence Act (750 ILCS 60/101, et. seq.), domestic violence is defined as any act of abuse committed by a family or household member against another family or household member. The definition of family or household members under the statute is rather broad, and includes, but is not limited to, the following:

• Spouses and former spouses
• Parents
• Children and stepchildren
• People who share a dwelling or used to share a dwelling
• People who share a child or allegedly share a child
• People in a dating relationship or who formerly had a dating relationship
• People with disabilities and their caregivers

Likewise, ‘abuse’ has a broad definition under the statute, and can include the following:

• Physical abuse
• Harassment
• Intimidation of a dependent
• Interference with personal liberty
• Willful deprivation.

Orders of Protection

750 ILCS 60/214 outlines the relief available to domestic violence survivors through orders of protection. Once the Court finds that a survivor has been abused by a family or household member, then that survivor can request the following from the Court, depending on their personal circumstances:

• The abuser be prohibited from committing further abuse
• The survivor be granted exclusive possession of a shared residence
• The abuser be ordered to stay away
• The abuser be ordered to undergo counseling
• The survivor be granted physical care and possession of the minor child(ren)
• The survivor be allocated temporary sole parental decision-making responsibilities
• The abuser’s parenting time be restricted
• The abuser be prohibited from removing the minor child(ren) from the state
• The survivor be granted possession of certain items of personal property
• The survivor be granted exclusive care and custody of companion animals
• The abuser be ordered to pay temporary child support
• The abuser be prohibited from possessing firearms
• The abuser be granted right to continue the use of their cell phone number

This list is extensive but not exhaustive. There are other injunctive remedies available to domestic violence survivors, as well. A family law or domestic violence attorney can help you determine what relief you may be entitled to when pursuing a protective order.

Emergency Orders of Protection

Emergency orders of protection (EOPs) are crucial in providing immediate relief to people who are facing imminent danger. 750 ILCS 60/214 and 217 outlines what a person is required to show in order to obtain an EOP. These orders are special because they are issued ex parte, or without the Respondent having notice that the hearing is occurring. The survivor must show the Court that they are at risk of harm from the abuser if prior notice is given.

When an EOP is issued, some of the above remedies are not available to the survivor because of the lack of notice requirement for ex parte hearings, mainly those involving counseling or monetary support. An EOP can last from 2 to 3 weeks, and at the end of that time period, the survivor must return to Court to ask for more time.

Plenary Orders of Protection

Plenary orders of protection extend beyond emergency relief, offering longer-term legal protection after a court hearing. Covered under Section 218 of the Illinois Domestic Violence Act, these orders require a full hearing with both parties present to testify. If the court finds sufficient evidence of abuse and the need for ongoing protection, it can issue a plenary order with specific terms and conditions. A plenary order of protection can last up to two years.

Coercive Control

Not all domestic abuse results in physical injuries that you can see. Many survivors of domestic abuse have suffered extensive harm in the form of a partner or family member controlling their behavior, limiting their access to friends and family members, monitoring their behavior online and offline, or restricting their access to money. Coercive control is a pattern of abusive behavior that may include the above, as well as threats, intimidation, or humiliation in order to control another person. Coercive control is abuse, even when it does not involve physical violence.

Reach Out to an Experienced Domestic Violence Attorney in Chicago

If you are in fear for your health and safety because a family or household member is abusing you, call the police. If you are being abused by a partner, spouse, family member, or household member, you have legal options. A skilled and compassionate domestic abuse lawyer in Chicago can help you determine whether and how to pursue an order of protection or a Divorce. Reach out to an attorney from O. Long Law, LLC, today and set up your initial consultation to learn more about your options.