Illinois Orders of Protection vs. No Contact Orders

Orders of protection and no contact orders are legal devices available to victims of domestic violence, sexual assault, stalking, and similar crimes. In a general sense, these legal orders prevent the criminal perpetrators from further contact with the victims. From a more precise standpoint, the eligibility and protections available for these orders varies based on the type of offense and relationship between the victim and perpetrator.

Orders of Protection for Domestic Violence

Orders of protection are available to victims of domestic violence in Illinois. In order to qualify for an order of protection, the victim must suffer abuse at the hands of family or household member. Specifically, a family or household member includes a person’s:

    Blood and other relative(s); Spouse or former spouse(s); Roommate(s) or former roommate(s); Co-parent of a common child; Romantic partner(s) or former romantic partner(s); and Caregiver(s), in the case of certain disabled adults.

When [...]

Written by on April 12, 2019

How Does Illinois Define and Penalize Domestic Battery?

More commonly referred to as domestic violence, domestic battery is an Illinois crime that addresses aggressive conduct against a family or household member. This type of crime has serious ramifications, as the perpetrator and victim have a close association with each other. Given this reality, Illinois imposes stringent laws against and penalties for domestic battery.

How Does Illinois Define Domestic Battery?

Under 720 ILCS 5/12-3.2, domestic battery occurs when a person knowingly and intentionally attacks or provokes someone in his or her family. In precise terms, a person commits domestic battery if he or she:

    Causes physical harm or injury to a family or household member; or Initiates physical contact of an insulting or provoking nature with a family or household member.

To understand the boundaries of domestic battery, it is necessary to review the definition of a family or household member under Illinois law. Under the Illinois Domestic [...]

Written by on January 18, 2019

Sexual Assault and Stalking No Contact Orders in Illinois

The following article will break down the differences between the restraining orders available to sexual assault and stalking victims in Illinois. While both mechanisms are referred to as “no contact orders,” there are slight differences between sexual assault and stalking victims.

At this juncture, it is important to note that victims of domestic violence must pursue a different avenue for relief in Illinois. For an in-depth explanation of the orders of protection available to domestic violence victims, please reference this recent Prior Law Firm blog post — What is the Illinois Approach to Orders of Protection?.

Sexual Assault Civil No Contact Orders

A sexual assault civil no contact order is a legal mechanism designed to protect the victims of nonconsensual sexual acts. This type of restraining order is also available to the victim’s family members and crisis center workers.

Remedies

In granting a sexual assault civil no contact order [...]

Written by on February 16, 2018

What is the Illinois Approach to Orders of Protection?

An order of protection in Illinois is a legal mechanism available to victims of domestic violence. Commonly referred to as a restraining order, an order of protection is a legal command from a judge to cease domestic violence or other family abuse.

Who is Eligible for an Order of Protection for Domestic Violence?

An order of protection is available to victims of domestic violence to prevent further abuse. This type of order is only available to family members or people living together. Victims of domestic violence can obtain an order of protection if they:

    Have a blood relation to the abuser; Are currently or were previously married to the abuser; Live or lived with the abuser; Share parental rights with the abuser for a child or multiple children; Have a blood relation to the abuser through a child or multiple children; Are currently or were previously in a romantic
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Written by on January 12, 2018