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.

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