A victim of domestic violence may have the right to obtain an Order of Protection. Typically, the perpetrator is a family or household member who physically or verbally abuses the victim.

An Order of Protection is a court order aimed to prevent the abuser from committing further abuse. The Order of Protection may give the victim control of the home, car, or other property and keep the abuser away from the victim. The order can prevent the abuser from entering the residence, and give the petitioner temporary custody of the children, as well as order child support and maintenance.

Victims of domestic abuse have the option of requesting an Order of Protection from the criminal courts. In this case, they must first file a police report. Some victims are reluctant to do this, especially if there are children involved. If the person is unwilling to file a criminal charge, he or she can obtain an Order of Protection from a civil court.

It is important for the abuse victim to know that he or she does not have to file for divorce to get help from the courts. Furthermore, if after obtaining an Order of Protection, the abuse continues, the victim may want to contact the state's attorney and bring criminal charges against the abuser. The victim can also sue the abuser for personal injuries resulting from the abuse.

Additional help may be available from a spousal abuse shelter or a domestic violence support group (check the Yellow Pages under "Social Service Organizations").

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.