Illinois dating violence laws cincydating com
§ 5/112A-23) If you are charged with a domestic violence crime in Illinois, you should immediately speak with an attorney.
Break the Cycle believes teen victims of dating violence deserve the same legal protections that adult victims of domestic abuse receive.
Here are the highlights from the 2010 State Law Report Cards: Thank you to the attorneys of Latham and Watkins, LLP and the University of Minnesota researchers who generously gave their time to this project.
After a few years off, Break the Cycle is back to work updating the State Law Report Cards. Obviously, some states have changed their laws since we published the 2010 State Law Report Cards.
§ 5/12-3.5) In Illinois, a person (referred to as the petitioner) may file a petition asking a court to issue an order that protects the petitioner from an abusive family or household member (referred to as the respondent). A respondent commits it by acting or failing to act in violation of provisions that pertain to: If the respondent’s violation of a protective order is also a crime in itself, the respondent can be charged with both the crime of violating the protective order and the crime that constituted the violation. A skilled attorney will provide invaluable guidance throughout your case while working to protect your rights.
Whether the conduct forms the basis for a misdemeanor or felony will depend on the severity of the harm done.In Illinois, certain violent actions are classified as domestic violence crimes when committed against family or household members. §§ 5/5-4.5-45, 5/5-4.5-50, 5/5-4.5-55) If, in committing domestic battery, the defendant causes great bodily harm, permanent disability, or disfigurement, the defendant is guilty of aggravated domestic battery. § 5/12-3.3) A person commits the offense of interfering with the reporting of domestic violence by committing domestic violence and then preventing or attempting to prevent the victim or a witness from calling 911, reporting the incident to law enforcement, or obtaining medical help. The respondent will have a chance to contest the petition in court. The order may include provisions that prohibit the respondent from harassing, intimidating, and physically abusing the petitioner. § 5/112A-14) A judge may issue an emergency order without giving the respondent a chance to contest the matter in court. A respondent also commits the crime of violating a protective order by committing child abduction, in violation of a protective order’s provisions pertaining to the physical care and possession of a child, temporary legal custody, or prohibitions against removing the child from the state or concealing the child within Illinois. An attorney can also defend you if a household or family member seeks to have a protective order issued against you.A conviction for a domestic violence crime may result in prison time and a fine for the defendant. Aggravated domestic battery also occurs where a defendant strangles the victim during the commission of domestic battery. Any sentence that includes probation or conditional discharge must also include a condition requiring the defendant to be incarcerated for a minimum of 60 days. Interfering with the reporting of domestic violence is a Class A misdemeanor. The order may also award exclusive use of a residence to the petitioner and require the respondent to leave and stay away from the residence. This happens when the petitioner establishes that the harm that the petition seeks to prevent is likely to occur if the respondent is given notice of the petitioner’s efforts to obtain protection. Violating a protective order is a Class 4 felony if the respondent has a prior conviction for violation of a protective order, domestic battery, or a violent crime (such as murder, kidnapping, or sexual abuse) where the victim was a family or household member. If you know of a change or want an update on your state, email us at [email protected] a handful of states have responded to teen dating violence with laws enabling the youthful victims to obtain protection orders on equal terms with adults, an advocacy group says in a new national survey.