Domestic Violence and Orders of Protection in Illinois: The Hard Truth Behind the Statistics

Let’s be honest—domestic violence is an epidemic that too many people face in silence. Whether through horrific headlines or whispered stories, the issue looms large across communities. The grim statistics tell us how pervasive and destructive this problem is. In Illinois, understanding the protections available—especially through Orders of Protection—could be the difference between safety and tragedy.

Domestic Violence by the Numbers

In the United States, a staggering?24 people per minute?are victims of rape, physical violence, or stalking by an intimate partner?[1]. Over the course of a year, that adds up to more than?12 million women and men. This isn’t just a case of hurt feelings or bad breakups; this is an enduring and often deadly issue that seeps into every corner of society.

• 1 in 4 women?and?1 in 7 men?will experience severe physical violence by an intimate partner in their lifetime [1].
• Over 1 in 3 women?and?1 in 4 men?will experience some form of intimate partner violence in their lifetime, including stalking and psychological abuse [1].
• What’s even more alarming is the recurrence:?77% of women aged 18-24?who experienced intimate partner violence were repeatedly victimized by the same offender [1].

These numbers aren't just fuel for moral outrage—they're the reason Illinois has put legal safeguards in place, such as the?Illinois Domestic Violence Act (ILDVA)?and Orders of Protection, to provide victims with much-needed protection. So, how do these work in practice?

What Is an Order of Protection?

In Illinois, an?Order of Protection?(sometimes referred to as a restraining order) is a court order that helps protect victims of domestic violence by legally limiting or controlling the abuser’s behavior. This isn’t a slap on the wrist; it’s a legal barricade meant to keep victims safe.

Under the?Illinois Domestic Violence Act?(750 ILCS 60/), victims can obtain three types of Orders of Protection:

1. Emergency Order of Protection (EOP):?This can be granted without the abuser being present and lasts for up to 21 days. The victim needs to show an?"immediate and present danger of abuse"?for the order to be issued (750 ILCS 60/217).
2. Interim Order of Protection:?This order fills the gap between an Emergency Order and a Plenary Order, lasting up to 30 days. It requires notice to the abuser but does not require them to be present for the order to be granted.
3. Plenary Order of Protection:?This is a long-term order that can last up to two years. While the respondent (the abuser) has the opportunity to appear at a hearing, a Plenary Order can still be granted if they fail to appear, as long as they were properly notified. Given that?40% of child abuse victims?also report domestic violence in the home [4], plenary orders are crucial for long-term protection.

The Role of Firearms in Domestic Violence

Here’s a terrifying statistic:?Women in the U.S. are 11 times more likely to be killed with a firearm than women in other high-income countries?[2]. Firearms turn domestic violence into a lethal gamble. The presence of a gun in a domestic violence situation increases the risk of homicide for women by?500%?[2]. When it comes to Orders of Protection, courts take this risk seriously. Victims can request that firearms be removed from the abuser's possession, and the court will almost certainly enforce it.

Stalking: The Silent Terror

Domestic violence doesn’t just stop at physical abuse.?1 in 6 women?and?1 in 19 men?will experience stalking at some point in their lives, often by a current or former intimate partner [1]. Illinois courts take stalking seriously. The?Stalking No Contact Order Act?(740 ILCS 21/) gives victims a legal remedy to address the repeated and unwanted attention that so often leads to violence. In a world where?66% of female stalking victims?are pursued by former partners [1], this legal protection is vital.

Stalking isn’t a joke—it’s the canary in the coal mine that tells us when things are about to get much, much worse.

Orders of Protection: Shielding Children

We’d like to think that domestic violence ends with the couple. Unfortunately, it doesn’t.?30% to 60% of intimate partner violence perpetrators?also abuse children in the household [4]. And children often witness the violence:?22% of intimate partner violence cases?filed in state courts involve children as direct witnesses [4].

Under the?Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts must consider domestic violence when determining the?allocation of parental responsibilities?and?parenting time. If a parent has a history of violence, they may be restricted to supervised parenting time or lose parental responsibilities altogether. Given that children exposed to violence in the home are?15 times more likely?to be physically and/or sexually assaulted than the national average [4], courts must take action to protect their well-being.

The Long-Term Impact: Mental Health and Beyond

Victims of domestic violence don’t just walk away when the abuse stops. They carry the trauma with them for years, often for life. Survivors are?three times more likely?to meet the criteria for PTSD and are at a higher risk of depression, anxiety, and even suicide [3]. These psychological impacts are taken into account when Illinois courts determine parental responsibilities, child support, and ongoing protection for victims.

How to Get an Order of Protection in Illinois

If you or someone you know is experiencing domestic violence, don’t wait for things to "get better"—because they rarely do. Here’s how you can get an Order of Protection in Illinois:

1. Go to Court: File a petition at the circuit court in your county. Most counties have a domestic violence help desk to assist in filing the necessary paperwork.
2. Seek an Emergency Order: This can be obtained without notifying the abuser (at least initially). The key here is to show that you are in immediate and present danger.
3. Attend a Full Hearing: After you file, you’ll eventually need to attend a full hearing where the abuser can defend themselves. This is where evidence of violence, stalking, or witness testimony can make all the difference.
4. Enforce the Order: Once an Order of Protection is granted, violating it is a crime. The police can and will enforce it, and violators face penalties including jail time.

Domestic Violence and Illinois Law: Fighting Back

The stats don’t lie—domestic violence is pervasive, insidious, and life-threatening. But Illinois law offers victims a way out through Orders of Protection. While no piece of paper can guarantee safety, these orders give victims a powerful tool to legally limit the abuser’s access and control.

With?nearly 15% of women?in the U.S. being injured by intimate partner violence [1], the fight for safety isn’t just a personal battle—it’s a societal one. Illinois’ Orders of Protection, bolstered by statutes like the?ILDVA?and the?IMDMA, give victims a chance to reclaim their lives. But we can’t be complacent. These statistics remind us that the fight is far from over, and the need for robust legal protections is more pressing than ever.

So, if you or someone you know needs help, don't wait. The law is on your side, and there are resources available. Because everyone deserves to feel safe in their own home.

References:

1. Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011).?The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.
2. Bureau of Justice Statistics. (2009).?Intimate Partner Violence in the United States. Washington, D.C.: U.S. Department of Justice.
3. Beydoun, H.A., Beydoun, M.A., Kaufman, J.S., Lo, B., & Zonderman, A.B. (2012).?Intimate Partner Violence Against Adult Women and Its Association With Major Depressive Disorder, Depressive Symptoms, and Postpartum Depression: A Systematic Review and Meta-Analysis. Social Science & Medicine.
4. UNICEF. (2006).?Behind Closed Doors: The Impact of Domestic Violence on Children.