Fighting Domestic Violence in Illinois: Law Enforcement Follows Statewide Protocol

 Posted on September 10, 2015 in Family Law

As per the Illinois State Police, during the last decade government response to the dangers and social issues associated with domestic violence have increased. Through advanced effort and effectiveness and supported by the Illinois Domestic Violence Act of 1986, and recent Supreme Court rulings, Illinois has authorized law enforcement to protect all victims of suspected domestic abuse.

According to the Illinois mandate, police officers are required to take protective steps to shield any potential victim whenever a family or household member has inflicted any form of abuse. Illinois law classifies such victims as:

• Spouses or former spouses;
• Parents, children and stepchildren;
• Any member of a defined household;
• Persons who dated or were previously engaged;
• Those who may have a child in common; or
• Any person with a disability or their health care aide.

History and research shows that every 15 seconds a women is beaten or falls to some form of abuse at the hands of her abuser. Although we commonly link domestic abuse to the victimization of women, in the United States, more than 40 percent of domestic violence victims are male.

To further define domestic violence in Illinois, State Police and local law enforcement define domestic violence and respond to such situations as:

• Any level of physical abuse;
• Non-consensual or forced sexual acts;
• Verbal harassment or physical stalking;
• Physical stalking;
• Public acts of domestic violence;
• Forceful acts against one’s will; or
• Denying access to care for a disabled person.

Unfortunately the cycle of domestic abuse repeats continually via a disruptive cycle, often relying on law enforcement to stop the act of abuse while the abuse is occurring. In Illinois, State Police and local law enforcement are required to protect the victim by:

• Arresting the abuser if clear abusive or criminal behavior is evident;
• Assist the victim by transporting to a safer location;
• Help the victim remove personal belongings from the home;
• Inform the victim of the the procedures and resources available to them;
• Instruct the victim on how to file charges against the abuser;
• Complete an official police report; and
• Provide their name and official identifying information to the victim.

For those touched by domestic violence, the state of Illinois also offers an Order of Protection. This legal order, awarded by a judge is used to protect domestic violence victims from further acts of violence. This type of order prohibits “the abuser” or respondent in the legal matter by disallowing certain actions and who will be prosecuted for violating the terms of such order.

For the experienced Hinsdale family law attorneys of the Law Office of Martoccio & Martoccio, we are only too aware of the cycle of abuse that takes place amid our societal backdrop. If you are currently dealing with matters of domestic abuse and would like to seek shelter under Illinois law, contact our team at 630-920-8855 to schedule a no-cost initial consultation today.

Sources:

http://www.isp.state.il.us/crime/domesticviol.cfm

http://www.theguardian.com/society/2010/sep/05/men-victims-domestic-violence