What You Should Know About the Illinois Domestic Violence Act

 Posted on April 29, 2025 in Family Law

Domestic violence and orders of protection are closely associated in Illinois. More specifically, orders of protection are a legal option for victims of domestic violence, mainly because of the Illinois Domestic Violence Act (IDVA). It offers an avenue to protection and requires officers to assist victims in very specific ways. If you have suffered or think you may have suffered from domestic violence, you may need a Geneva, IL domestic violence attorney to walk you through the legal resources available to you.

How Is Domestic Violence Defined in Illinois?

According to the IDVA, the violence you suffer does not have to be physical abuse, even though it is covered. It can also include harassment, interference with personal liberty, intimidation, and willful deprivation. For it to be domestic violence, the person committing the act against you must be someone from your family or household. This could include a spouse, co-parent, former spouse, roommate, or anyone living with you.

What Will an Order of Protection Do?

When the court issues an order of protection against an abuser, it outlines specific restrictions based on the details of your case. Some potential restrictions include, but are not limited to, the following:

• Prohibiting continued abuse in any form

• Ordering the abuser to keep away from you and anyone else protected by the order

• Ordering the abuser to leave your shared residence

• Ordering the abuser to refrain from entering the shared residence while intoxicated

• Requiring the abuser to turn over weapons to local law enforcement

• Making the abuser attend counseling

• Giving you temporary custody of any shared children

• Limiting parenting time for the abuser

• Ordering the abuser to reimburse you for shelter or counseling

If you need to file an order of protection, you will likely benefit from speaking to an experienced attorney about what you need from an order of protection.

How Can You Obtain an Order of Protection?

The fastest way to obtain an order of protection is to ask an attorney to file it for you in civil court. If you are divorcing your abuser, you can request an order of protection with the divorce petition. An experienced attorney will walk you through the process quickly and ensure your rights are protected.

Speak With a Kane County, IL Order of Protection Attorney

If you are being abused by someone close to you, you have legal options for seeking protection and do not need to pursue this protection alone. The experienced Geneva, IL domestic violence and orders of protection lawyers at Serrano Hanson & Hurtado, LLC understand the laws that apply to these cases and will fight to get you the protection you need. Call 630-844-8781 today to schedule a free consultation and find out how we can help.