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If Abuser Contacts You After an Arrest When anyone is charged with a crime and the victim is a family or household member, that abuser is most likely prohibited from contacting the victim and from entering or remaining at the victim's residence for a minimum of 72 hours. A second violation of an order of protection or a violation after conviction of a serious crime against a family or household member can be a felony.
Orders of protection An order of protection is a court order which restricts an abuser and only is available to family or household members. Contact a local domestic violence program to ask for assistance in completing the forms. Criminal Prosecutions If an arrest wasn't made and you wish to seek criminal charges against your abuser, bring all relevant information, including the police report and this form, to your local state's attorney.
Under Illinois law family or household members are defined as: family members related by blood; people who are married or used to be married; people who share or used to share a home, apartment, or other common dwelling; people who have or allegedly have child in common or a blood relationship through in common; people who are dating or engaged or used to date, including same sex couples; and people with disabilities and their personal assistants.
Go to your local circuit court clerk's office and get papers to seek an order of protection for yourself. Law Enforcement Response Law enforcement officers should try to prevent further abuse by: arresting the abuser when appropriate and completing a police report; driving you to a medical facility, shelter or safe place or arranging for transportation to a safe place; taking you back home to get belongings; if there is probable cause to believe that weapons were used, taking those weapons; telling you about your right to an order of protection; and telling you about the importance of saving evidence, such as damaged clothing or property and taking photographs of injuries or damage.
To obtain an Order of Protection, you can: Ask your attorney to file in civil court. Request an order with your divorce.
Under Illinois law family or household members are defined as:. Also, law enforcement should know that the Illinois Domestic Violence Act assumes it is in the best interest of the child to remain with the you or someone you choose. An order of protection may: prohibit abuser from continuing threats and abuse abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation.
So, if the abuser does contact you soon after an arrest, you should call the police because the abuser can be charged with an additional offense, violation of bail bond, which is a Class A misdemeanor. It may be helpful to contact a local domestic violence program so they can help you through the system.
Law Enforcement Response Law enforcement officers should try to prevent further abuse by: arresting the abuser when appropriate and completing a police report. Domestic violence is a crime.
Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. Request an order during a criminal trial for abuse.
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Chicago — Attorney General Kwame Raoul today warned Illinois residents to be on alert for phone scams in which callers pose as representatives of law enforcement or public utilities in order to con people into sending money.