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Restraining Orders in Illinois

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Recently updated on May 8th, 2024 at 12:27 am

Overview

In Illinois, restraining orders are commonly referred to as "orders of protection." These legal orders are issued by a court to protect individuals from abuse or harassment by another person. Orders of protection can include provisions such as prohibiting contact with the petitioner, staying away from their residence or workplace, and other necessary measures to ensure the safety and well-being of the petitioner..

Illinois law recognizes specific categories of orders of protection tailored to different types of relationships and situations, including:

  • Domestic violence: These orders are issued to protect individuals who are victims of abuse or threats of abuse by family or household members.
  • Stalking: These orders are designed to protect individuals who are being stalked or harassed by another person.
  • Sexual assault: These orders are issued to protect individuals who have been sexually assaulted or abused.

Violating a no-contact order is generally a Class A misdemeanor in Illinois. A conviction carries penalties of up to one year in jail and a fine of up to $2,500. If the violation involves a crime e.g. victim sustains a physical injury then the abuser can be charged with Class 4 felony, which is a much more serious category of criminal charges.

Protection (restraining) orders are often sought in cases where there is a credible threat to an individual's safety. If someone believes they need protection and qualifies for a protection (restraining) order, they can usually apply for one through their local court system. The process involves filing a set of court forms (see the right bar to start now).

The first step is to determine roughly which type of civil protection applies to your situation.

 

Where is your Order of Protection (restraining) case filed

You can file for an order of protection at the circuit court in the county where you or the respondent resides or where the alleged abuse occurred. Each county in Illinois has a circuit court where orders of protection can be filed. It's essential to file in the appropriate circuit court to ensure that your petition is processed correctly.

 

1  Cook County Superior Court.

Richard J. Daley Center

50 W. Washington St. Chicago, Illinois 60602

Situations where Domestic Violence Protection Orders apply in Illinois

There are a few different types of protection (restraining) orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of protection (restraining) order applies to your situation or is remotely related as that might help you decide whether to apply .

The types are:

Domestic Violence is for situations involving romantic partners, ex-es, dating partners, roommates and family members when one person hurts the other physically, sexually or even emotionally by blackmailing or by being controlling. What is the legal definition of Domestic Violence in Illinois.

 

 

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn't allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don't sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, "if you mess with me, I'll retaliate," was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael's behavior becomes particularly alarming when he is under the influence of drugs.

Example 3: Ex-boyfriend stalks 

Jenna's ex-boyfriend shows up at Jenna's work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

 

Situations where other Protection Orders apply in Illinois 

 

Stalking: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

 

 Sexual Assault involves involving unwanted sexual conduct by someone who is not a romantic partner or an ex- or a roommate or a member of the victim's family or household. This is also used as an added protection in criminal cases so in case the charges are dropped by the state, the victim has some basic protection via this protection order.

Firearm Restraining: Is about a temporary ban on firearms on individuals who are a potential danger to themselves or others.

How Protection (restraining) Orders Solve the Problem

The purpose of a protection (restraining) order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a protection (restraining) order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a protection (restraining) order may prohibit the respondent from

  1. Approaching or contacting the petitioner including via text or social media
  2. Staying away from the usual places petitioner is at such as home, work or school
  3. Prohibit stalking, or surveillance of any kind
  4. In situations where they lived together, provide custody or access to
    • Children
    • Pets
    • Important documents
    • Personal items such as clothes, medications, cell phones
    • Cars
  5. Extending the protections to others living with the petitioner

 

Here's the top three findings from a study on domestic violence and protection (restraining) orders from the University of New Hampshire

Reduce ViolenceReduce Violence

Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Countryside

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the protection (restraining) orders hold greater importance.

Process for Protection (restraining) Orders

Step 1: Gather evidence to support your case

The first step is to gather the evidence to support your case. The fallowing are considered as evidence of domestic violence

 

Evidence Type 1: Pending Criminal Case

Judges are also more likely to issue an order if there is an ongoing criminal case, therefore it’s important to call such cases out when seeking a temporary protection (restraining) order.

When a judge sees that there’s a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Examples of evidence are:

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim’s injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

  • The number dialed in case of the domestic hotline
  • The date and time (or approximate date and time) when the call was made
  • Who made the call
  • What was reported on the call
  • Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

  • A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

Step 2: Prepare standard Illinois court forms for Orders of Protection 

 

Click one of the green button on the right to create these forms for free online →. 

In order to apply for a civil protection order, you need to fill and submit a specific set of official Illinois court forms with some cover sheets added by the local Circuit court.

The most important form is the petition, and it's called Petition for Protection Order

The complete set of documents is at the Illinois Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.

Tip: You can check your local court's website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the protection (restraining) orders paperwork online.

 

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don't plan to file for a protection order right now, to get

You can then file them online when you've thought through all aspects.  There are special protections for victims, and you're protected even if your immigration status is undocumented in United States.

Step 3: E-File the Court Forms

Typically these are filed at your county's Superior Courts or District Court. Some of these courts are also called Family Justice Center.

Step 4: Wait for a Judge to Issue a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a protection (restraining) order with immediate effect until the hearing, called an Emergency Temporary Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

Step 5: Law Enforcement will Serve the abuser 

This would be done in one of the following ways:
  1. Clerk would have the abuser served by law enforcement.  You don't need to do anything in this case
  2. Clerk would give you a packet of temporary order and other documents, and you will have it formally served via another adult or legal courier to the abuser
  3. In some cases such as when the respondent address is unknown, a complete set of Temporary Order and supporting documents called the "911Packet" is handed to you. This is handy e.g. in case there is a confrontation with the abuser and cops get called, the cops can hand over physically the 911-packet to the abuser.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full protection (restraining) order is issued. At this point it becomes a crime for the abuser to break the conditions of the protection (restraining) order.

 

L.A. County court to staff: Get COVID vaccine or get fired - Los Angeles Times

 

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

 

Who can file the Civil Protection

(Restraining) Order case and for whom

For all civil protection orders, the case can be filed by someone (called petitioner) who is 15 years or older for all civil protection orders. Here are the situations:

For Domestic Violence Protection Order (DVPO)

 

Restrictions You can Ask for 

Stay Away From You: Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work

 

Hand over Vehicles: Get access to cars held by the abuser

 

 

Not to Post Your Private Images: Take down, delete, and do not distribute intimate images of a protected person, as defined in RCW 9A.86.010.

 

 

 

Not to Contact You Not to contact you via phone or text or mutual friends

 

 

  Move out  Abuser may be forced to vacate the residence shared with the victim

 

 

Restrict Abusive Litigation: This is to prevent the misuse of the legal system to harass, intimidate, or burden you.

 

Not to Stalk You: Not stalk you or your loved ones, including online stalking or surveillance such as on your accounts on Facebook or other social media.

 

Hand over personal items: Such as passport, medications, clothes. This would be applicable if you were living together up to now.

 

Get Treatment for Drugs, Mental Health And Sex Offender: You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse (RCW 43.20A.735) or sex offender (RCW 18.155.070)

 

 

 

Your Costs for Getting a Protection (restraining) Order

 

Some of the civil protection orders have no cost, owing to their use in protecting victims.

 

  • Antiharassment:    $ 53  - The fee is waived if the following are involved
    • Stalking (as defined in RCW 9A.46.110)
    • A hate crime (under RCW 9A.36.080(1)(c))
    • A single act of violence or threat of violence (under RCW 7.105.010(35)(b)) OR
    • From a person who has engaged in nonconsensual sex that constitutes a sex offense (as defined in RCW 9A.44.128)
  • Sexual Assault:  $0 (FREE)

 

  • Stalking:  $0  (FREE)

 

  • Vulnerable Adult: $0  (FREE)

 

  • Extreme Risk: $0  (FREE)

 

How long does the process take

If you file by noon at most courts, you can get a temporary protection order the same day as you file. Courts can have a cutoff of around 2 p.m. in most locations for the same day "Emergency" orders , so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are  open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

All Clerk's Office locations are closed on Court Holidays.

Court Holiday

Date

Day of Week

Christmas Holiday December 25, 2023 Monday
New Year's Day (observed) January 1, 2024 Monday
Martin Luther King Jr. Day January 15, 2024 Monday
Presidents' Day February 19, 2024 Monday
Memorial Day May 27, 2024 Monday
Juneteenth June 19, 2024 Wednesday
Independence Day July 4, 2024 Thursday
Labor Day September 2, 2024 Monday
Veterans' Day November 11, 2024  Monday
Thanksgiving Day November 28, 2024 Thursday
Native American Heritage Day November 29, 2024 Friday
Christmas Holiday December 25, 2024 Wednesday
New Year's Day January 1, 2025 Wednesday

 

Risks of Getting a Protection (restraining) Order

 

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser's reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

  1. Physical assault or violence
  2. Harming or taking away children
  3. Damaging jointly owned property
  4. Disregarding the order and persisting with threats, possibly through intermediaries
  5. Inflicting harm or causing harm to pets
  6. Harassing your loved ones for information
  7. Engaging in stalking behavior
  8. Initiating a retaliatory protection (restraining) order against you
  9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it's important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

 

Calculating your risk level

The Lethality Assessment Program (LAP) is a questionnaire used by law enforcement and other professionals, often in the context of domestic violence situations, to assess the risk of murder in cases involving intimate partner violence.

The questionnaire has about 20 questions designed to evaluate the severity and potential danger of a situation. These questions may cover aspects such as the presence of weapons, history of violence, threats of harm, and other factors that could indicate an increased risk of lethal violence.

  1. Has the physical violence increased in severity or frequency over the past year?
  2. Does the abuser own a gun? Or has he ever used a weapon against you or threatened you with a lethal weapon particularly a gun?
  3. Have you ever lived together? And if yes then have you left the abuser after living together during the past year?
  4. Is he unemployed?
  5. Has the abuser threatened to kill you? Do you believe he is capable of killing you?
  6. Does he threaten to harm your children?
  7. Does he ever try to choke/strangle you or cut off your breathing? . If yes to the previous question, has he done it more than once, or did it make you pass out or blackout or make you dizzy?
  8. Has he avoided being arrested for domestic violence?
  9. Do you have a child with the abuser which is not his
  10. Has he ever forced you to have sex when you did not wish to do so?
  11. Does he use illegal drugs? By drugs, I mean “uppers” or amphetamines, “meth”, speed, angel dust, cocaine, “crack”, street drugs or mixtures. . Is he an alcoholic or problem drinker?
  12. Does he control most or all of your daily activities? For instance, does he tell you who you can be friends with, when you can see your family, how much money you can use, or when you can take the car? 18. In reference to the previous question, do you let him control most or all of your activities?
  13. Is he violently and constantly jealous of you? (For instance, does he say: “If I can’t have you, no one can.”)
  14. Have you ever been pregnant by him? Have you ever been beaten by him while you were pregnant?
  15. Has he ever threatened or tried to commit suicide?
  16. Have you ever threatened or tried to commit suicide?
  17. Does he follow or spy on you, leave threatening notes or messages, destroy your property, or call you when you don’t want him to?

 

Legal Definitions for Order of Protections in Illinois

(750 ILCS 60/Art. II heading) ARTICLE II ORDERS OF PROTECTION
Law Text Summary
(750 ILCS 60/201) (from Ch. 40, par. 2312-1) Sec. 201. Persons protected by this Act. Who does the order protect
 (a) The following persons are protected by this Act:
    (i) any person abused by a family or household member;
    (ii) any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member;
    (iii) any minor child or dependent adult in the care of such person;
    (iv) any person residing or employed at a private home or public shelter which is housing an abused family or household member; and    (v) any of the following persons if the person is abused by a family or household member of a child: 

(A) a foster parent of that child if the child has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency;

 

 (B) a legally appointed guardian or legally appointed custodian of that child;

(C) an adoptive parent of that child; or

(D) a prospective adoptive parent of that child if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law.
For purposes of this paragraph (a)(v), individuals who would have been considered "family or household members" of the child under subsection (6) of Section 103 of this Act before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child.

 

 

 

Any person abused by a family or household member.

 

Disabled adults abused, neglected, or exploited by a family or household member.

 

 

The protections are extended to the main protected person’s

 

-          Minor children

-          dependent adults

-          House mates

-          Domestic workers.

 

Foster parents, guardians, adoptive or soon to be adoptive parents who are abused by child’s family and household parents

 

(b) A petition for an order of protection may be filed only:

 

Who can apply for a restraining order?
(i) by a person who has been abused by a family or household member or by any person on behalf of a minor child or an adult who has been abused by a family or household member and who, because of age, health, disability, or inaccessibility, cannot file the petition;
(ii) by any person on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member; or
(iii) any of the following persons if the person is abused by a family or household member of a child:(A) a foster parent of that child if the child has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency;(B) a legally appointed guardian or legally appointed custodian of that child;
(C) an adoptive parent of that child;

(D) a prospective adoptive parent of that child if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law.

 

 

 

 

 

 

·        By the victim themselves

·        By anyone on behalf of a minor

·        By anyone on behalf of an adult unable to file due to age, health, disability, or inaccessibility

(750 ILCS 60/103) (from Ch. 40, par. 2311-3)

Sec. 103. Definitions. For the purposes of this Act, the following terms shall have the following meanings:

(1) "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

(2) "Adult with disabilities" means an elder adult with disabilities or a high-risk adult with disabilities. A person may be an adult with disabilities for purposes of this Act even though he or she has never been adjudicated an incompetent adult. However, no court proceeding may be initiated or continued on behalf of an adult with disabilities over that adult's objection, unless such proceeding is approved by his or her legal guardian, if any.

(3) "Domestic violence" means abuse as defined in paragraph (1).

(4) "Elder adult with disabilities" means an adult prevented by advanced age from taking appropriate action to protect himself or herself from abuse by a family or household member.

(5) "Exploitation" means the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.

(6) "Family or household members" include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of the Criminal Code of 2012. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household members" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.

(7) "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:

(i) creating a disturbance at petitioner's place of

employment or school;

 

(ii) repeatedly telephoning petitioner's place of

employment, home or residence;

 

(iii) repeatedly following petitioner about in a

public place or places;

 

(iv) repeatedly keeping petitioner under surveillance

by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;

 

(v) improperly concealing a minor child from

petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or

 

(vi) threatening physical force, confinement or

restraint on one or more occasions.

 

(8) "High-risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.

(9) "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.

(10) "Intimidation of a dependent" means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.

(11) (A) "Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to:

(i) the failure to take reasonable steps to protect a

high-risk adult with disabilities from acts of abuse;

 

(ii) the repeated, careless imposition of

unreasonable confinement;

 

(iii) the failure to provide food, shelter, clothing,

and personal hygiene to a high-risk adult with disabilities who requires such assistance;

 

(iv) the failure to provide medical and

rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or

 

(v) the failure to protect a high-risk adult with

disabilities from health and safety hazards.

 

(B) Nothing in this subsection (10) shall be construed to impose a requirement that assistance be provided to a high-risk adult with disabilities over his or her objection in the absence of a court order, nor to create any new affirmative duty to provide support to a high-risk adult with disabilities.

(12) "Order of protection" means an emergency order, interim order or plenary order, granted pursuant to this Act, which includes any or all of the remedies authorized by Section 214 of this Act.

(13) "Petitioner" may mean not only any named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Act.

 

(14) "Physical abuse" includes sexual abuse and means any of the following:

(i) knowing or reckless use of physical force,

confinement or restraint;

 

(ii) knowing, repeated and unnecessary sleep

deprivation; or

 

(iii) knowing or reckless conduct which creates an

immediate risk of physical harm.

 

(14.5) "Stay away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection.

(15) "Willful deprivation" means wilfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

 

Abuse: Includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation, excluding reasonable parental direction of a minor child.

 

Adult with Disabilities: Encompasses elder adults or high-risk adults with disabilities, even without adjudication of incompetency, with legal proceedings requiring consent from their legal guardians if objected to.

 

Domestic Violence: Defined as abuse.

 

Elder Adult with Disabilities: Describes an adult unable to protect themselves due to advanced age.

 

Exploitation: Involves illegal use of a high-risk adult with disabilities' assets or resources, including misappropriation, by deception or fraud.

 

Family or Household Members: Covers various relationships, including spouses, cohabitants, relatives, and caregivers.

 

Harassment: Includes conduct causing emotional distress, with specific actions presumed to cause distress unless evidence suggests otherwise.

 

High-Risk Adult with Disabilities: Refers to adults over 18 unable to seek protection due to physical or mental impairments.

Interference with Personal Liberty: Involves compelling another's actions or preventing their rightful engagements.

Intimidation of a Dependent: Involves subjecting dependent individuals to witnessing or participating in physical abuse.

Neglect: Failure to exercise reasonable care toward a high-risk adult with disabilities, including failure to protect from abuse or provide basic needs.

Order of Protection: Encompasses emergency, interim, or plenary orders, including remedies authorized by the Act.

Petitioner: Includes named petitioners, victims, and other individuals protected by the Act.

Physical Abuse: Includes use of force, confinement, or conduct creating immediate risk of harm.

14.5. Stay Away: Requires respondent to refrain from both physical and nonphysical contact with the petitioner.

Willful Deprivation: Involves willfully denying necessary care to a dependent, exposing them to harm.

 

 

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