Family violence is a sad reality for too many families. If you are in this situation, it is critical to act quickly to protect yourself and your children. The Illinois Family Code provides numerous civil and criminal remedies to stabilize living situations and reduce the immediate threat to victims and children. 

Emergency orders of protection, custody, and parenting time considerations, and even enforcement tools can provide a number of options for those in need of safety, but it is critical to understand which tools are right for your individual circumstances.

Immediate and Emergency Protection

When someone is in the process of leaving an abusive situation, time is often of the essence. The fastest civil legal remedy for survivors of abuse is an Order of Protection under the Illinois Domestic Violence Act. 

Following years of consistent expansion, the Illinois Domestic Violence Hotline received 59,704 calls in 2024, a 26% increase from 2023. In that same year, the Hotline received a record 18,940 shelter requests.

The court can be petitioned for emergency relief that can require the abuser to vacate the home, stay away, turn in firearms, and cease contact with the victim or children. Orders can be obtained on an emergency (ex parte) basis, the same day, then modified or extended after a full court hearing.

The McLean County Family Division handles orders of protection in a civil context, and family law attorneys in Bloomington can assist victims with filing for emergency relief. If you are in immediate danger, call 911. To get assistance at the courthouse in Bloomington, you can contact the McLean County Law & Justice Center’s family division.

Custody and Parenting Time

Custody cases require careful consideration of domestic violence claims as parental responsibility allocation depends on these allegations. Under Illinois law, courts must determine parenting time based on what is appropriate for the child and review any previous domestic abuse incidents before finalizing their orders.

Judges can limit or supervise parenting time, order exchanges to be made at neutral locations, or order supervised visitation in cases where a parent’s violent behavior is known to pose a risk to the children. The court’s main priority in these matters is the welfare of the child, and a history of violence against a parent or children is a material factor in those determinations.

Additional Protections

In dissolution cases or in the context of an emergency family matter, the family court can also issue temporary orders affecting housing, utilities, and financial support. A judge may grant a survivor temporary sole access to the marital home upon reviewing relevant evidence and may either direct the respondent to provide emergency support or issue other protective orders to ensure the survivor’s access to bank accounts and personal documents.

These are all methods for a victim of family violence to create a safe, stable interim living situation and provide some breathing room to help the survivor take the next legal steps. Both local advocates and the courthouse’s domestic-violence unit can help survivors understand the paperwork involved and explain the available options for relief.

Enforcement

An order of protection is only as good as its enforcement. Law enforcement has the authority to enforce Orders of Protection and custody and support orders. Violations will result in arrest and criminal charges. In McLean County, law enforcement is ready to enforce court orders, but victims should have copies of the orders, law enforcement contact information, and evidence of violations, such as text messages. 

The court can modify, extend, or add to the existing orders if the danger persists. Hiring an attorney and working with local victim service providers increases the chances of success for enforcement and also helps survivors through any necessary follow-up hearings.

How Stange Law Firm Can Help

An experienced family law attorney at Stange Law Firm can be critical in stopping family violence. We can help draft and file emergency orders of protection and other temporary orders, request custody and support orders, work with law enforcement and victim services, and represent you at all necessary hearings. 

We can also help preserve evidence for future use, request supervised visitation if necessary, and seek more permanent remedies that can keep you and your children safe.

FAQs

Q: What Legal Protections Are Available for Domestic Violence Victims in Illinois?

A: Illinois has several legal remedies available, including Orders of Protection. Orders of Protection can require an abuser to stay away from the victim, move out of a shared home, and cease all contact. The victim may also seek temporary custody and support in family court. Orders of Protection are provided for under the Illinois Domestic Violence Act and can be filed in McLean County court.

Q: How Do I Get an Order of Protection in Bloomington?

A: To get an order of protection in Bloomington, petitions can be filed at the McLean County Law & Justice Center or by your attorney. Emergency Orders of Protection are often granted the same day without notice to the abuser and last for up to 21 days. A later hearing may extend the order for up to 2 years.

Q: What Happens if the Abuser Violates the Order of Protection?

A: If the abuser violates the order of protection, they can be charged with a crime, as doing so is a criminal offense. Police can arrest the violator right away, and judges can fine, or order probation or jail. Victims should report all violations. Keeping records like messages, photos, or witness accounts can help enforcement.

Q: Can Domestic Violence Affect Child Custody in Illinois?

A: Yes, Illinois courts take all prior domestic violence into account when making parenting time and parental responsibility determinations. The judge may order supervised or restricted parenting time for the abusive parent in the name of the child’s safety. The court is always focused on what is in the child’s best interests and what is emotionally healthy for the child.

Contact Stange Law Firm Today

When your or your family’s safety is at risk, legal remedies are available. Stange Law Firm can help you in the legal process of securing protection. Contact us right away to get started.