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ILLINOIS DOMESTIC VIOLENCE ACT and other Significant Laws Affecting
Domestic Violence
Revised January 2000
(Updated through Public Act No. 91-646)
This publication was developed with funds from Grant
#1999-WL-VX-0018, awarded by the Violence Against Women Grants Office, Office of
Justice Programs, U.S. Department of Justice. Points of view or opinions
contained within this document are those of the author and do not necessarily
represent the official position or policies of the U.S. Department of Justice.
This project was supported by Grant #99-VA-GX-0017, awarded by the Office for
Victims of Crime, Office of Justice Programs, U.S. Department of Justice,
through the Illinois Criminal Justice Information Authority. Points of view or
opinions contained within this document are those of the author and do not
necessarily represent the official position or policies of the U.S. Department
of Justice, or the Illinois Criminal Justice Information Authority.
IDVA BOOKLET--TABLE OF CONTENTS
Chapter 1: Order of Protection in Civil
Court
Illinois Domestic
Violence Act
Article I: General Provisions
Purposes
Definitions
Article II: Orders of Protection
Persons protected by this
Act
Access of high-risk adults
Commencement of action; filing
fees; dismissal
Pleading; non-disclosure of
address, non-disclosure of schools
Application of rules of civil
procedure; domestic abuse advocates
Trial by jury
Subject matter jurisdiction
Jurisdiction over
persons
Venue
Process
Service of notice in conjunction
with a pending civil case
Service of notice of
hearings
Hearings
Continuances
Hearsay exception
Waiver of privilege
Independent counsel;
temporary substitute guardian
Order of protection; remedies
Mutual orders of protection;
correlative separate orders
Accountability for actions of
others
Emergency order of protection
30-day interim order of protection
Plenary order of protection
Duration and extension of orders
Contents of orders
Notice of orders
Filing of an order of protection
issued in another state
Enforcement of orders of
protection
Order of protection-status
Modification and re-opening of
orders
Immunity from prosecution
Untrue statements
Privileged communications
between domestic violence counselors and Victims
Other privileged information
Article III: Law Enforcement
Responsibilities
Arrest without warrant
Law enforcement policies
Data
maintenance by law enforcement agencies
Reports by law
enforcement officers
Assistance by law
enforcement officers
Limited law enforcement
liability
Article IV: Health Care Services
Providing
information on services; liability
Chapter 2: Other Civil Statutes
and Court Rules
Relating to Domestic Violence
A. Illinois Marriage and
Dissolution of Marriage Act (in pertinent part)
1. Conciliation;
mediation
2. Temporary relief
3. Disposition of
property
4. Child support;
contempt; penalties
5. Unemployed and
past due person
6. Attorney's fees; client's rights
and responsibilities respecting fees and costs
7. Best interest of child
(legal standard for child custody
8. Joint custody
9.
Visitation
10.
Enforcement of visitation orders; visitation abuse
11. Leave to remove
children (children being moved to another state)
12. Modification of
custody
B. Voluntary Acknowledgment of
Paternity (in pertinent part)
Editorial
C. Rights of Married
Persons Act (in pertinent part)
Rights to sue and
be sued (spouses can sue each other)
D. Mental Health and
Developmental Disabilities Code (in pertinent part)
Domestic violence:
order of protection
E. Probate Act (in pertinent
part)
Domestic violence: order of
protection (for a minor)
Domestic
violence: order of protection (for a disabled person)
F. Mediation
Mediation Programs:
Supreme Court Rule 99
G. Newspaper
Publication Statutes
1. Service by newspaper
publication (i.e., order of protection and divorce, etc.)
2. Change of name
H. Gender
Violence Act
Short Title
Definition
Cause of Action
Relief
Limitation
Applicability
Chapter 4: Victim's
Economic Security and Safety Act (VESSA)
Short Title
Findings
Definitions
Purposes
Chapter 5: Interpreters for Victims
and Defendants
A. Interpreters in Civil Court Action
Language interpreter
Hearing disability
interpreter
Foreign language
interpreter
B. Interpreters in Criminal Court: Criminal Proceeding
Interpreter
Appointment of interpreter
Order
Compensation
Chapter 6: Crime Victim's Compensation Act (in pertinent
part)
Editorial
Application
Chapter 7: Full Faith and Credit Enforcement of Out-Of-State
Protection Orders
Editorial
Chapter 8: State and Federal Firearms Statutes
A. Illinois Firearm Owners Identification Card Act (in pertinent
part)
1. Application for
firearm owner's identification card
2. Denial or
revocation
3. Editorial:
revoking a FOID card
B. Federal Statutes Concerning Possession of Firearms
1. Editorial
2. Federal crimes
3. Military and law
enforcement exceptions
Chapter 9: Federal Crimes of Domestic Violence
Editorial
A. Interstate Travel to Commit Domestic Violence
B. Interstate Stalking
C. Interstate Violation of An Order of Protection
Chapter 10: Criminal Statues Relating to Domestic Violence
A. Unlawful Restraint
B. Child Abduction
C. Unlawful Visitation Interference
D. Domestic Battery
E. Aggravated Battery
G. Interfering with the Reporting of Domestic Violence
H. Stalking
I. Aggravated Stalking
J. Cyberstalking
K. Violation of an Order of Protection
Chapter 11: Arrest and Bond Conditions
A. Person Arrested
B. Denial of Bail in Stalking and Aggravated Stalking Offenses
C. Conditions of Bail Bond
D. Illinois Supreme Court Rule 528: Bail Schedule
Chapter 12: Sentencing Conditions
A. Conditions of Parole or Mandatory Supervised Release
B. Conditions of Probation and of Conditional Discharge
C. Incidents and Conditions of Supervision
D. Sentence of Periodic Imprisonment
E. Domestic Violence Fine
G. Violation of an Order of Protection; Fund
Chapter 13: Order of Protection in Criminal Court Illinois
Domestic Violence Act
Orders of Protection to Prohibit Domestic Violence
Domestic Violence: Order of Protection
Construction
Commencement of actions
Definitions
Persons protection by this article
Pleading; non-disclosure of address
Application of rules of civil procedure; criminal law
Trial by jury
Subject matter jurisdiction
Jurisdiction over persons
Process
Service of notice of hearings
Hearings
Continuances
Order of protection; remedies
Mutual Orders of protection ; correlative separate orders
Accountability for actions of others
Emergency order of protection
30-day interim order of protection
Plenary order of protection
Duration and extension of orders
Contents of orders
notice of orders
Filing of an order of protection issued in another state
Short form notification
enforcement of orders of protection
Modification and re-opening of orders
Immunity from prosecution
Arrest without warrant
Law enforcement policies
Data maintenance by law enforcement agencies
Reports by law enforcement officers
Assistance by law enforcement officers
Limited law enforcement liability
GLOSSARY
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