The Illinois Domestic Violence Act

 Posted on April 22, 2014 in Family Law

The Illinois Domestic Violence Act was signed into law in 1983. Commonly referred to as the IDVA, it was designed and enacted to prevent physical abuse, threats of violence or force, harassment, and various forms of interference with personal liberties. One must share a relationship with the perpetrator of domestic abuse, such as marriage, or having a child in common, or living in the same household or having a current or former dating relationship to qualify for relief under the IDVA.

Once a Petition for Order of Protection is submitted to the Court, emergency relief may be awarded. Emergency relief may, in some circumstances, be obtained without notifying the perpetrator of an intention to obtain such relief. Emergency relief under the Illinois Domestic Violence Act may include an order preventing further physical abuse, telephone or personal contact, presenting oneself at the Petitioner's place of work, church or school, denying access to a residence or apartment shared with the Petitioner, and/or preventing the removal of children from the custody of the Petitioner and/or the surrender of the Respondent's FOID card and any firearms. An Emergency Order of Protection cannot be of a duration in excess of 21 days.

After entry of the Emergency Order of Protection, providing the Respondent is served, a hearing will be conducted to determine whether the facts support the entry of either an Interim Order of Protection (of a duration between 21 days but less than two years) or a Plenary Order of Protection. A Plenary Order of Protection provides for much the same remedies, including custody of children and can be of a duration not in excess of two years.

The State of Illinois Department of HFS has facilitated Court access for Petitioners under the Illinois Domestic Violence Act. Many counties throughout the State of Illinois have legal advocacy assistants and on line forms which serve to provide prompt relief. The violation of an Order of Protection, whether Emergency Interim and/or Plenary, is a class A Misdemeanor punishable by a term of incarceration of up to 364 days and a fine not to exceed $2,500.00.

Illinois recognizes that Domestic Violence is a serious problem, not only for those who are physically abused or intimidated, but for the minor children who reside within the home where Domestic Violence is prevalent.

If you or a loved one is the victim of physical abuse, take advantage of the opportunities to protect yourself and your children. For additional questions or information regarding the Illinois Domestic Violence or other family law matters contact us at 630-462-9500.