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Protecting Victims of Domestic Violence

Robert B. Berlin DuPage County State’s Attorney

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Phone Number: 630-407-8000

State's Attorney

Protecting Victims of Domestic Violence

When the Abuser Has Been Charged with a Crime

When an abuser has been charged with a criminal offense such as domestic battery where the victim is a “family or household member”, unless otherwise provided by the court, the abuser will be prohibited from contacting or communicating with the victim and from entering or remaining at the victim’s residence for a minimum of 72 hours.  If a defendant/abuser violates these restrictions, you should call the police immediately.  The defendant/abuser can be charged with an additional offense, violation of bail bond, which is a Class A misdemeanor.

According to Illinois law, “family or household members” are defined as persons who are related by blood or by present or prior marriage, share or formerly share a common dwelling, have or allegedly have a child in common, are of the opposite sex or of the same sex who have or have had a dating or engagement relationship, share or allegedly share a blood relationship through a child, or are disabled and battered by their personal assistants.

Orders of Protection/Protective Orders

In addition, victims of domestic violence can seek protection from their abuser by obtaining an Order of Protection/Protective Order regardless of whether the abuser has been charged with a crime.  An Order of Protection/Protective Order is a court order available to “family or household members” prohibiting the abuser from certain activities or ordering the abuser to take certain actions.  An Order of Protection/Protective Order may include, but is not limited to the following:

  1. Prohibiting the abuser from continued threats and abuse;
  2. Barring an abuser temporarily from the home and ordering the abuser to stay away from the victim’s place of employment, school etc.;
  3. Requiring an abuser to turn firearms over to local law enforcement if there is a danger of illegal use against you;
  4. Awarding temporary child custody and prohibiting child abduction and requiring the abuser to undergo counseling;
  5. Order the abuser to pay child support, medical costs, and legal expenses.

To obtain an Order of Protection/Protective Order, you may do any of the following:

  1. Contact Metropolitan Family Shelter Services at 630-469-5650 (24-hour hotline) and ask for assistance;
  2. If the abuser is charged with a crime, contact the DuPage County State’s Attorney’s Office at 630-407-8010 for assistance with filing a Protective Order in the criminal proceedings;
  3. Begin the process online at https://www.illinoisprotectionorder.org/OOP/;
  4. Go to the DuPage County Circuit Clerk’s Office and request the necessary paperwork;
  5. Ask your attorney to file a Petition for an Order of Protection in civil court;
  6. If you are in divorce or parentage proceedings with the abuser, request an Order of Protection in court.

If an Order of Protection/Protective Order is violated, the abuser has committed a Class A misdemeanor and should be arrested.  A second or subsequent offense is a Class 4 felony.  You may seek an Order of Protection/Protective Order on behalf of someone because of age, health, or disability.

Offender Custody Status

If the abuser has been charged with a crime and you want up-to-date information on whether the abuser is still in the custody of a jail or a correctional facility, you can contact the Illinois Automated Victim Notification System (AVN).  AVN is a statewide system that not only provides custody status information, but also provides case status information, and automatic notification to those who register.  To register with AVN, you can contact the 24-hour toll free hotline at 1-866-566-8439 or you can register online at www.vinelink.com. 

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