what happens when a domestic abuse report is sent to tje states attorney illinois

by George Nikolaus 6 min read

How to report abuse in the state of Illinois?

Violation of an Order of Protection. Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony.

What should law enforcement know about domestic violence cases in Illinois?

Illinois Domestic Violence Act. Domestic violence is a crime. Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. Under Illinois law family or household members are defined as. family members related by blood;

What is interfering with the reporting of domestic violence?

Aug 31, 2020 · Being one of the most complicated crimes that the Cook County State’s Attorney’s Office handles, the Office created a division which solely responds to domestic violence. The Domestic Violence Division consists of exceptional prosecutors, as well as a trained staff of investigators and victim-witness specialists, who exclusively responds to, currently an …

What happens if you don’t report domestic violence?

Nov 16, 2019 · A: Yes. Domestic violence is a criminal matter, meaning that the arrest and charges are handled by the state, regardless of the alleged victim’s preferences. If the police were called due to a domestic dispute, you can be arrested and brought up on charges even if the victim asks not to press charges.

What happens when you get a domestic violence charge in Illinois?

The penalties for domestic violence in Illinois are laid out in 720 ILCS 5/12-3.2 et seq. In Illinois, domestic battery is a Class A misdemeanor. Class A misdemeanors are punishable by up to one year in jail, as well as probation and a fine of up to $2,500.

How much is bail for domestic violence in Illinois?

The bond is a legal document guaranteeing that the defendant will appear as stated. Q: What is the average bond for a domestic battery charge in Illinois? A: In Cook County the average bond is 10% of $5,000. Typically a bond in a domestic battery case can range from 10% of $1,000 to 10% of $10,000.

Is verbal abuse a crime in Illinois?

A variety of forms of street harassment are illegal in Illinois, including verbal harassment, up-skirt photos, indecent exposure, following, and groping.

Why do domestic abuse cases go unreported?

The reasons so many cases go unreported are both personal (embarrassment, fear of retaliation, economic dependency) and societal (imbalanced power relations for men and women in society, privacy of the family, victim blaming attitudes).

Does domestic violence case require bail?

Bail is only required when there is possibility of arrest. Many lawyers are misleading that DV is cruelty under 498A. NOPE. Any unlawful demand to wife & violence for that can be categorized under 498A.

Is domestic battery a felony in Illinois?

Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar.

What is passive neglect?

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

Is profanity illegal in Illinois?

Obscenity is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.

Is threatening someone illegal in Illinois?

Being the victim or threats and intimidation can be emotionally devastating for a victim. As a result, if a person makes threats to anothers safety, even if the threats are never followed through on, that person can still be charged under Illinois law with the crime of intimidation.

Why is domestic violence a big issue?

Domestic violence is a serious problem around the world. It violates the fundamental human rights of women and often results in serious injury or death. While statistics vary slightly, women are victims of violence in approximately 95% of the cases of domestic violence.

How many cases of domestic violence are there in the US?

Every year, more than 10 million men and women in the U.S. are subjected to Domestic Violence. Its impact can be felt far and wide: More than 1 in 3 women (35.6%) and more than 1 in 4 men (28.5%) in the U.S. will experience rape, physical violence and/or stalking by an intimate partner in their lifetime.

What is intimate partner based violence?

any form of abuse which includes physical, sexual, emotional, psychological or economic harassment. damage to property. stalking. entry into a person's property without their consent.

What is a child in common?

people who have or allegedly have child in common or a blood relationship through a child in common; people who are dating or engaged or used to date, including same sex couples; and. people with disabilities and their personal assistants. Domestic Violence and Sexual Assault Services Directory.

Is domestic violence a crime?

Domestic violence is a crime. Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law.

What happens if you get hit with a domestic violence charge?

These charges not only have serious criminal and civil implications but can also permanently damage your reputation.

Is simple domestic battery a misdemeanor?

Simple domestic battery with no prior offenses or aggravating factors is a Class A misdemeanor, punishable by up to one year of jail time or probation, fine, and possible court-ordered counseling .

What happens if you are charged with domestic violence in Illinois?

Domestic violence convictions can carry serious penalties, including prison time and substantial fines.

What is domestic violence in Illinois?

In Illinois, certain violent actions are classified as domestic violence crimes when committed against family or household members. A conviction for a domestic violence crime may result in prison time and a fine for the defendant. Furthermore, a victim of a domestic violence crime may obtain a protective order that substantially affects ...

What is aggravated domestic battery?

Aggravated Domestic Battery. If, in committing domestic battery, the defendant causes great bodily harm, permanent disability, or disfigurement, the defendant is guilty of aggravated domestic battery. Aggravated domestic battery also occurs where a defendant strangles the victim during the commission of domestic battery.

How long does a protective order last in Illinois?

The respondent will have a chance to contest the petition in court. A protective order can last up to two years .

What is an exclusive use of a residence order?

The order may also award exclusive use of a residence to the petitioner and require the respondent to leave and stay away from the residence. The order may contain a number of other provisions, including ones that award temporary child custody or require the respondent to undergo counseling.

Is domestic battery a felony?

A person commits domestic battery by intentionally causing bodily harm to a family or household member or by making physical contact in an insulting or provocative way with a family or household member. Domestic battery is punished as a Class A misdemeanor; however, domestic battery is a Class 4 felony if the defendant has a prior conviction ...

How long does a probationer have to be in jail?

Any sentence that includes probation or conditional discharge must also include a condition requiring the defendant to be incarcerated for a minimum of 60 days. If the defendant has one or more prior convictions for aggravated domestic battery, the judge must sentence the defendant to a minimum of three years in prison.

What age do you have to report abuse in Illinois?

Illinois has a law which requires certain professionals to make reports of suspected abuse of adults age 60 or older or people with disabilities age 18-59 who are unable, due to dysfunction, to report for themselves.

What questions should a reporter answer?

The reporter should be prepared to answer the following questions to the best of their ability... The alleged victim's name, address, telephone number, sex, age, and general condition; The alleged abuser's name, sex, age, relationship to victim and condition;

What is the Adult Protective Services Act?

The Adult Protective Services Act provides that people – who in good faith report suspected abuse, neglect, financial exploitation, or cooperate with an investigation – are immune from criminal or civil liability or professional disciplinary action.

What is a mandated reporter?

If you suspect abuse or neglect you have a social responsibility to report it to the hotline. In addition, state law requires that most professionals in education, health care, law enforcement and social work report suspected neglect or abuse. These individuals are called Mandated Reporters. Mandated reporters include:

What is the DCFS hotline?

DCFS has the primary responsibility of protecting children through the investigation of suspected abuse or neglect by parents and other caregivers in a position of trust or authority over the child. Call the 24-hour Child Abuse Hotline at 800-25-ABUSE (800-252-2873) if you suspect that a child has been harmed or is at risk ...

Why are hotline calls screened?

To prevent unnecessary investigations, hotline calls are screened by trained social workers to determine whether they warrant investigation for abuse or neglect. Of the more than one million hotline calls received over the past four years, only about one in four resulted in a formal report and an investigation.

What is neglect in parenting?

Neglect is the failure of a parent or caretaker to meet “minimal parenting” standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs. If you suspect abuse or neglect you have a social responsibility to report it to the hotline.

Can you report anonymously?

State law protects the confidentiality of all reporters, and your name is never disclosed. You may still choose to make a report anonymously, but the inability of investigators to follow-up with you to obtain additional information may impede our investigation and the child’s safety.

Who is responsible for a child's welfare?

Any person responsible for the child’s welfare, such as a health care provider, educator, coach or youth program volunteer.

Can you report child abuse online?

Your confidential call will not only make sure the child is safe, but also help provide the child’s family the services they need to provide a safe, loving and nurturing home. In non-emergency situations, anyone may report suspected child abuse or neglect using the new Online Reporting System .

What are the types of injuries that can be reported to law enforcement in California?

In California, the mandatory reporting law requires that health care providers send in a report to local law enforcement if they know or reasonably suspect that their patient has been injured as a result of abuse -- listed injuries can include firearm injuries, incest, battery, stabbing, rape, spousal abuse, or torture.

Do all health care providers have to report domestic violence?

So are all health care providers subject to the mandatory reporting requirement? In some states no, and in other states, yes. If you're a health care provider or work with health care providers, be aware of your state's particular mandatory reporting laws. In Pennsylvania, for example, mandatory reporting of domestic violence requirements apply ...

Is domestic violence reporting mandatory?

In all but three states, there are mandatory reporting of domestic violence requirements. While the laws vary somewhat from state-to-state, the core elements are generally the same. So what does mandatory reporting actually look like in practice?

Does Pennsylvania require reporting of domestic violence?

In Pennsylvania, for example, mandatory reporting of domestic violence requirements apply to both health care providers and managers of a health care facility, but there are well-defined exceptions to mandatory reporting. For example, health care providers or managers in Pennsylvania don't have to report suspected domestic violence if the victim:

How long does it take to see a child on a DCFS hotline?

The mandate working must attempt to see the child within 24 hours of the hotline call. However, they are not always successful in securing a meeting with the child and will be forgiven for such ...

What is DCFS investigation?

DCFS investigations usually begin with someone making a call to the abuse and neglect hotline. [1] . The person who answers the call will then decide whether the reporter makes sufficient allegations to warrant an investigation. Further, the hotline operator must determine what category of investigation to open, ...

How long does it take for an ALJ to make a decision?

The ALJ will then make a written report within 15 days of the hearing, and 90 days of when the appeal was first filed. This report must recommend a decision on whether enough evidence was present to support an indicated finding and why the ALJ came to such a decision. The recommendation will then go to the director of the DCFS, ...

How long does it take to complete a mandate investigation?

These investigations are supposed to be completed with 60 days. However, the deadline will be extended if the investigator can show good cause for such an extension.

How long does a person's name stay on the SCR?

It’s possible for a person’s name to remain on this list for 5, 20, or 50 years depending on the circumstances surrounding the case. While the SCR is not available to the public, if you apply for a job working with children or adults with disabilities, an employer can see any information from the SCR that relate to you.

Is testimonial a guarantee?

Any testimonials or endorsements regarding services do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Can an investigator be extended?

However, the deadline will be extended if the investigator can show good cause for such an extension. Typically, this just requires the investigator to request an extension with their supervisor and the supervisor must approve the request.