Who Is Protected

• Illinois law explains who is protected by the Illinois Domestic Violence Act. These persons include anyone who is abused by a family or household member, and anyone living or employed at a private home or public shelter housing an abused family or household member. Also, the law specifies that protective orders can be filed by either the person being abused or by anyone else on behalf of a high-risk adult with disabilities, a minor child or a dependent adult.
  
  

Definition of Domestic Violence

• In Illinois domestic violence equals abuse. Under Illinois law, abuse means means physical abuse, harassment, intimidation of a dependent and interference with personal liberty or willful deprivation. Abuse excludes "reasonable" direction of a child by a parent or guardian. The law designates that victims who have suffered the following at the hands of a family or household member are entitled to protective orders: kidnapping, unlawful restraint, bodily harm, assault, battery, intimidation, stalking, cyberstalking and criminal trespass.
  
  

Definition of Family or Household Member

• Domestic violence is committed by family or household members. According to Illinois law, family members include current and former spouses, parents, children and other relations and people with a child in common. Household members includes people currently or formerly sharing a domicile. Domestic violence can also be committed by people with a current or former dating or engagement relationship, and occur between those with disabilities and their caregivers. Dating relationships are specifically stated to not include "casual acquaintanceship" and "ordinary fraternization between individuals in business or social contexts."
  
  

Remedies Available

• The remedies available under protective orders in Illinois law are numerous. While not all plaintiffs are granted all of the available protections, plaintiffs have the opportunity to request specific protections and the ultimate terms are up to the judge's discretion. The most general protection includes a prohibition of abuse, including physical abuse, harassment, interference with personal liberty, and intimidation and "stay-away" orders. In cases where minor children are involved, the court can prohibit removing or concealing a child, grant custody, seal access to the child's records, and mandate child support. The court can also mandate counseling, protect the plaintiff's animals, force relinquishment of firearms and award damages.
  
  

Fees

• According to Illinois law, no plaintiff in a protective order case shall be charged a fee for "filing, amending, vacating, certifying, or photocopying" order petitions, or any related services. Additionally, there must be no fee for the sheriff's department to serve the order on the respondent.