Domestic violence is a difficult topic, but awareness is essential.
In 2024, the Illinois Domestic Violence Hotline received nearly 60,000 contacts. According to the Illinois Domestic Violence Hotline Report, this number was a 26% increase from contacts received in 2023, and a 140% increase from contacts received in 2019.
Under Illinois Law, domestic violence is defined as hitting, choking, kicking, threatening, harassing, or interfering with the liberty of another family or household member. Despite its name suggesting otherwise, the term “household member” is not limited to those who share a common dwelling. Household members include family members related by blood, people who are presently or who used to be married, people who share a common home, people who have or allegedly have a child in common or a blood relationship through a child in common, people who are presently or used to be dating or engaged (including same sex couples), and people with disabilities and their personal assistants.
This article is intended to inform readers of protections and legal resources available for domestic violence victims in Illinois, existing challenges in the domestic violence sector, and ongoing policy and reform to address the growing issue of domestic violence in Illinois.
Legal Protections for Domestic Violence Victims in Illinois
Orders of Protection.
Illinois provides victims of domestic violence with a multitude of avenues to seek legal protection against an abuser. The first and potentially quickest is seeking an Order of Protection. Orders of Protection may be filed independently by commencing an action, or they may be filed into a pending action such as a divorce or child custody matter.
The Illinois Domestic Violence Act provides different types of Orders of Protection based on one’s circumstances. An Emergency Order of Protection can be obtained quickly and without providing prior notice to the abuser. The Emergency Order of Protection can remain in place for up to 21 days until a full hearing is held, at which time a Plenary Order of Protection may be issued.
Interim Orders of Protection require a hearing and prior notice to the abuser.
They can remain in place for up to 30 days, at which time a Plenary Order of Protection may be issued. A Plenary Order of Protection can last up to 2 years after a full hearing.
Certain remedies are available upon obtaining an Emergency Order of Protection without notice to the abuser. This includes: (1) prohibition of abuse, neglect, harassment, etc., (2) temporary exclusive possession of a shared residence, (3) temporary physical care and possession of a shared minor child and temporary allocation of parental responsibilities and decision-making, (4) protection of a victim’s personal property and animals by limiting the abuser’s ability to access them, and (5) prohibition of the possession of firearms.
Other remedies are only available upon notice to the abuser and a full hearing being held. This includes ordering the abuser to participate in mandatory counseling, anger management, etc., monetary damages, and awarding temporary child or spousal support while the Order of Protection remains in place. An Order of Protection may also be obtained on behalf of minor children or other third parties if it is appropriate.
Another legal protection available is provided by the Civil No Contact Order Act for victims of non-consensual sexual conduct.
A Civil No Contact Order may be sought even if a domestic relationship does not exist or if the abuser is not a household member. They can also be obtained on behalf of a minor. Civil No Contact Orders prohibit the Respondent from knowingly coming within a specified distance of the protected party or having any sort of contact with them either directly or through third parties, going to the protected party’s residence (even if the residence is shared with the Respondent), place of employment, school, etc. No Contact Orders may also prohibit the Respondent from interfering with the protected party’s personal property or animals.
A third legal protection is available under the Stalking No Contact Order Act.
This protection is available to any person who is a victim of stalking and may be obtained on behalf of a minor. No Stalking Orders prohibit contact with the protected party either directly or through third parties. They further prohibit the Respondent from coming within a certain distance of the protected party’s residence, place of employment, school, etc. No Stalking Orders can also prohibit the possession of firearms as well as the use of electronic tracking devices.
The Stalking No Contact Order Act has been recently expanded by House Bill 2873, which passed unanimously out of the Illinois House and Senate in May of 2025 and came into effect on August 15, 2025. The Bill supplements the definition of stalking to include conduct that is not necessary to accomplish a reasonable purpose under the circumstances, that would cause a reasonable person emotional distress, and that causes the victim emotional distress. The Bill provides for specific conduct that by a rebuttable presumption causes emotional distress, including but not limited to: (i) creating a disturbance at the Petitioner’s place of employment or school, (ii) repeatedly telephoning the Petitioner’s residence or place of employment, (iii) repeatedly following the Petitioner in a public place or places, (iv) keeping the Petitioner under surveillance through ongoing presence around the Petitioner or peering in windows, (v) threatening the safety of the Petitioner’s minor child or family member, or (vi) threatening physical force, confinement, or restraint on one or more occasions. These expansions allow victims of stalking and intimidation a clearer route to establish that stalking has occurred by way of harassing conduct.
Other Civil Remedies.
Victims of domestic violence may also have separate claims of battery, aggravated battery, assault, or intentional infliction of emotional distress, which Illinois Courts have long recognized as a valid claim of household members who have suffered domestic violence.
Family Law Protections.
Under Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act, judges are required to take domestic violence and other abuse of the child or other household members into account when allocating parenting time. Section 603.10 of the Act imposes the same requirement on judges when allocating parental responsibilities generally. This becomes especially pertinent if domestic violence occurs at or around the time that a child custody case is pending.
Criminal Law Protections.
Aside from civil remedies, Illinois law establishes that it is a criminal violation to engage in domestic battery or aggravated domestic battery. 720 ILCS 5/12-3.2 defines domestic battery as “causing bodily harm to a family or household member or making physical contact of an insulting or provoking nature with any family or household member.” Court construe “family or household member” to mean the same as a family or householder member under the Illinois Domestic Violence Act. Domestic battery is a Class A misdemeanor. If the perpetrator has prior convictions under this statute, the domestic battery is a Class 4 felony, and the felony class goes up if the perpetrator has multiple prior convictions under the statute. Further, the statute provides for a mandatory imprisonment of 72 hours if the perpetrator has any prior convictions for domestic battery.
720 ILCS 5/12-3.3 provides that someone commits aggravated domestic battery when they (1) commit domestic battery and cause great bodily harm or permanent disability or disfigurement, or (2) commit domestic battery and strangle another individual. Aggravated domestic battery is a Class 2 felony and is accompanied by a mandatory term of imprisonment for at least 60 days. A second violation under the statute comes with a mandatory term of imprisonment of 3 to 7 years, or an extended term of imprisonment of 7 to 14 years.
Violation of an Order of Protection is a separate crime under Illinois Law.
720 ILCS 5/12-3.4 establishes that such a violation is a Class A misdemeanor. If the perpetrator has previous convictions for domestic battery or other violent crimes, the violation is a Class 4 felony. Courts are required to impose a mandatory imprisonment of at least 24 hours for second or subsequent violations of an Order of Protection unless increased imprisonment would be manifestly unjust. Further, the Domestic Violence Act contains an Arrest Without Warrant statute permitting any law enforcement officer to make an arrest without a warrant if the officer has probable cause (meaning the officer has a reasonable basis) to believe the person has committed or is committing certain crimes, including but not limited to violation of an Order of Protection, even if it was not committed in the officer’s presence.
Workplace Protections.
The Victims’ Economic Security and Safety Act provides safeguards for employees who have suffered domestic violence and other crimes of violence. The Act requires workplaces employing over 50 people to allow employees who experience domestic violence up to 12 weeks of unpaid leave within a 12-month period for purposes including, but not limited to: medical care, legal proceedings, safety planning and obtaining victim services, funeral arrangements and bereavement, and counseling.
Housing Protections.
The Safe Homes Act protect tenants who need to vacate a leased premises in violation of a lease due to domestic violence. The Act provides that victims in these circumstances have an affirmative defense to the vacating of the premises if domestic violence, sexual violence, or an imminent threat of violence can be shown by a preponderance of the evidence (meaning more likely than not). The Act also contains a lock changing provision, allowing tenants to request their landlord change the locks of a dwelling if one or more tenants reasonably believes someone living in the dwelling is under an imminent threat of domestic or sexual violence. This request can be made regardless of whether the alleged perpetrator is a lessee of the property or not if proper documentary evidence of violence or the threat of violence is provided.
Other Resources for Victims of Domestic Violence in Illinois
Hotlines and Crisis Services.
The National Domestic Violence Hotline is accessible 24/7 and can be reached via telephone, text messaging, or live chat. Their website provides links to local providers who can assist with shelter, legal assistance, economic assistance, and counseling services. The Illinois Attorney General provides additional contact information for different victim hotlines, links to resources, and additional information for victims.
Legal Aid and Advocacy.
The Illinois Coalition Against Sexual Assault has organized a Resource Guide which lists legal aid agencies by geographical location to assist victims of sexual assault and domestic violence, including contact information and links to intake forms, for agencies that provide victim services across the State of Illinois.
Counseling and Support.
The Illinois Coalition Against Domestic Violence, along with having a domestic violence hotline of their own, connects victims to businesses and service providers by region to obtain counseling services and other support, including services for children who have been exposed to domestic violence.
Social Services.
The Illinois Department of Human Services maintains a focus on domestic violence prevention and intervention, offering a domestic violence help line and additional economic services to victims including temporary food and housing, children’s services, adult and youth education about domestic violence, emergency medical care, emergency transportation, employment and education services, and child care.
Challenges in the Sector of Domestic Violence in Illinois
While Illinois provides domestic violence victims with many legal remedies and resources, barriers still exist in providing consistent and effective access to those remedies and resources to victims across the state.
Availability of Victim Services.
The availability of victim services can fluctuate heavily between rural and urban counties. Similarly, cities and counties with higher rates of domestic violence reports such as Chicago and the surrounding towns that make up Cook County, often find their court systems and service providers backlogged with cases and victims seeking support. For example, for nearly half of 2024, there were no available cribs or beds in domestic violence shelters in Chicago, representing an urgent need to increase shelter capacities and resources available to victims. The number of shelters and resources decreases across Illinois in less populated counties and more rural areas. The Illinois Domestic Violence Hotline is seeking to expand emergency housing, transportation, pet shelter, and legal services to victims statewide in 2025.
Language Access and Immigration Concerns.
According to the Illinois Domestic Violence Hotline Report, 45 non-English languages were used in contacts to the hotline in 2024. While the hotline administers programs and procedures to communicate with callers in over 240 languages, the need for interpretation services and multilingual staff remains crucial. The hotline continues to stress that non-English speakers should not be deterred from contacting the hotline solely because they do not speak English.
Many victims of domestic violence find themselves feeling trapped with their abuser due to their immigration status. The Violence Against Women Act, U-Visa, and T-Visa are methods provided by the federal government to allow victims of crimes such as domestic violence and sex trafficking to remain in the United States. If possible, speak with an immigration attorney about concerns and to explore your options if you are concerned about your immigration status while suffering domestic violence. Find more information about the application process and access to legal information at Illinois Legal Aid.
Financial Abuse in Domestic Violence.
The Illinois Domestic Violence Hotline Report references a study showing that 94%-99% of domestic violence victims experience financial abuse during violent relationships, causing victims to feel trapped in their circumstances. In 2024, the Hotline received over 2,300 requests for affordable or transitional housing across Illinois, along with a significant increase in requests for public benefits and financial assistance since the 2019 pandemic. The Illinois Domestic Violence Hotline remains committed to assisting victims facing financial hardships and is always in need of private and public funding.
While victims of domestic violence often feel they have little to no options, Illinois offers strong protections to victims both through legal recourse as well as access to resources. While enforcement against abusers and access to certain resources can pose difficulties in Illinois, victims never need to navigate domestic violence alone. Help is available through the court system, law enforcement, advocates and service programs, and statewide hotlines. Law enforcement officers and judiciaries continue to engage in ongoing efforts to integrate trauma-informed training to better serve victims of domestic violence and other crimes. Continued investment in support systems and increased public awareness are vital to the assistance of domestic violence victims.
