Illinois Victims of Domestic Abuse Increasingly Seek Civil Remedy
No one deserves to suffer abuse, harassment, intimidation of a dependent, stalking, interference with personal liberty, exploitation or willful deprivation. Unfortunately, these acts of physical and mental abuse happen every day. It can happen to anyone, crossing all boundaries of culture, age, race, sex, education, and socioeconomic status. In the last decade, the number of Order of Protection filings in McHenry County more than doubled from 482 in 2006 to 966 in 2016.
Domestic violence is a crime and Orders of Protection can be granted in criminal court. However, for a variety of reasons, many victims of abuse do not wish to file criminal charges. Illinois enacted the Illinois Domestic Violence Act (IDVA) in response to these situations. The IDVA is a law that protects victims of domestic abuse by granting a civil remedy. A person being abused by a family or household member can file a petition for a civil Order of Protection to protect them and anyone else living in their home, including minor children.
An Order of Protection can be issued against anyone in the victim’s family or household including parents, children or stepchildren, the victims spouse or former spouse, significant other/partner; anyone the victim had a child with; anyone the victim has a relationship through the child such as a grandparent; anyone the victim is currently dating or formerly dated; and anyone the victim formerly cohabitated with. In addition, any adult with a disability who is abused or neglected by a family or household member can get an Order of Protection.
If you are looking for information regarding an Order of Protection and would like to discuss your case with an experienced family law attorney, please contact The Law Office of Robert S. Medansky at (815) 893-4818 for a free consultation.