Battery is a crime . Any person who hits, chokes, kicks, threatens, harasses or interferes with the personal liberty of another family or household member (except reasonable parental discipline) has broken the law.
Victims of domestic violence have the right to:
- Be protected from further abuse, neglect and exploitation
- Press criminal charges against the abuse. (NOTE: Jail is not the only outcome if the abuser is found guilty.)
The Court may now issue an Order of
Protection on the victim's behalf. The Order can:
- Protect from further abuse, neglect and exploitation*
- Bar the violent party temporarily from the home*
- Order the offender to pay support, medical costs and legal expenses
- Award child custody and prohibit child snatching
- Prohibit destruction of victim's property
- Require offender to undergo counseling
- Offer other relief as appropriate.
To obtain an Order of
Protection :
- Ask your attorney to file a petition in civil court; or
- Request an Order of Protection
in conjunction with divorce proceedings; or
- Request an Order of Protection
during the course of criminal prosecution.
An Order can be requested on your own behalf and/or on behalf of a child or an incapacitated adult.
Law Enforcement Officers are to use all reasonable means to prevent further abuse, including:
- Arranging for the victim's transportation to a medical facility or safe shelter; and/or accompanying the victim back to the residence to get belongings
- Arresting the abuser where appropriate, and completing a police report on all bona fide incidents
- Advising the victim of her/his rights and the importance of preserving evidence
If the abuser has left the scene and has not been arrested, you can still press criminal charges by going to your local State's Attorney's Office during normal business hours.
To contact the Domestic Violence program in your area, see the last two pages of this book. For other help, contact:
*Violation of these provisions is a Class A misdemeanor.
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