Back to Significant Illinois Civil Laws

The Illinois Domestic Violence Act states that Law Enforcement officers are required by law to use ALL REASONABLE MEANS to prevent further abuse to a domestic violence Victim.

Click here to read the Law regarding Police Responsibilities in Civil Court and Criminal Court.

When Police Officers respond to a domestic violence call at your home, the law requires that they take all reasonable steps to help you and your children become safe, including:

1. Make a thorough investigation of the case, interview any witnesses, including children, take pictures of the scene, and collect any other evidence.

2. Arrest the Abuser after the Officer gathers sufficient evidence to believe that a crime was committed (for example, a Domestic Battery crime, etc.). It is not necessary for the officers to see the actual crime being committed, as long as the Officer has sufficient "Probable Cause" that the crime was committed.

   "Probable Cause" means a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a crime had occurred and that a particular person had committed it. "Probable Cause" can be determined from any of the following:

   1. the Victim's statement of the incident,
   2. any witnesses' statements, including the children,
   3. the Abuser's statement,
   4. visible injuries, or
   5. property damage that occurred like broken objects, furniture, windows.

   If the Abuser is not present at the scene, a Judge can issue a warrant if the Abuser is charged with a crime as a result of the domestic violence call.

   The fact that you are married to or not married to the Abuser should not affect whether or not the Abuser is arrested.

3. Assist you by arranging transportation for you to a hospital or to a safe place or shelter. The Police are also required to accompany you back to your home, after you've left to seek protection, while you collect necessary personal belongings (clothing for you and your children, medicines, legal papers, etc.).

4. Advise you of your rights under the law, including how to press charges if they have not arrested the Abuser. The Police are required to give you a written summary of your legal rights which is to be printed in English and in Spanish. The Officers are to write down their badge number and give a referral to a social service agency.

   Click here to view a sample of the Victim Rights Sheet that an Officer might give the Victim. (If you would like to view these forms and do not have Adobe® Acrobat® Reader, download your free copy now.)

5. Make a comprehensive written Police Report of every domestic violence call that they respond to. This means that Officers must fill out a police report EVERY TIME they go to a domestic violence call.

Click here to read about the Law Enforcement's Role in Criminal Court with the Prosecution of Domestic Violence Crimes.

Back to Questions

Yes. CONTACT THE POLICE IMMEDIATELY AND MAKE A POLICE REPORT if the Abuser does ANY conduct that is prohibited in the Order such as phoning you or coming to your home or place of employment. It is important to report any violation of the Court Order of Protection, no matter how minor it may seem, because the Abuser is testing the system to see if the OP is going to be taken seriously.

Police Officers have specific responsibilities stated in the Illinois Domestic Violence Act concerning protecting domestic violence Victims. Officers should protect you whether or not you have a current Order of Protection. You have a right to be protected, ESPECIALLY if there is an Order of Protection in effect. If you are in danger and you are afraid the Police will not help you, contact a Domestic Violence Program immediately for shelter. Also contact your Attorney, if you have one. You are entitled to protection under Illinois law.

Click here to read what the Law specifically states about Law Enforcement's Role in Violation of Orders of Protection in Civil Court cases and Criminal Court cases.

Even if the Abuser is not arrested, the Police Report from your call to the Police will be on their records, so it will not just be your word against the Abuser that the incident happened. The Police Report that is filed is very important if the Abuser continues to violate the Order in the future.

Everyone must take any violations of your Order of Protection seriously. This includes the Police, the State's Attorney's office, the Court, and the Abuser. The threat of arrest or being in contempt of court can be a very effective tool to prevent the Abuser from continuing the violence against you.

Back to Questions

Yes. Officers should protect you whether or not you have a current Order of Protection. Again, Police Officers have specific responsibilities stated in the Illinois Domestic Violence Act concerning protecting domestic violence Victims.

Click here to read what the Law specifically states about Law Enforcement's Role to aid domestic violence Victims in Civil Court cases and Criminal Court cases.

Back to Questions

Go to Order of Protection in Illinois Civil Court sub page

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Go to Criminal Court and Prosecution of Domestic Violence Crimes sub page