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The Basics of the Illinois Domestic Violence Act

11/20/2023

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​An alumna of Northwestern University Pritzker School of Law, Judge Megan Goldish has been a member of the bench of the Circuit Court of Cook County since 2014. Currently, Judge Megan Goldish hears domestic violence cases as a judge in the Domestic Violence Court.

The primary function of the Circuit Court of Cook County Domestic Violence Court is to hear civil requests for protection orders, no contact orders, and stalking no contact orders. In addition, it also hears criminal cases covered by the Illinois Domestic Violence Act.

The Illinois Domestic Violence Act of 1986 put more “teeth” into the law by ensuring that law enforcement acts to protect people who are experiencing domestic violence or abuse. Domestic violence is a criminal act. Domestic violence occurs when a family member or a household member commits acts of abuse. To better understand the basics of the Illinois Domestic Violence Act, consider the following information.

Q: Who is a “family member” or a “household member?”
A: A family member or household member is anyone who falls under the following categories:
Persons related to each other by blood;
Persons married to each other or who have been married to each other;
Persons who share or previously shared a common domicile;
Persons who are dating or previously dated, regardless of gender; and
Persons with disabilities, including their personal assistants.

Q: What acts are considered abuse under the Illinois Domestic Violence Act?
A: The following acts are considered abuse:
Physical abuse, including hitting, choking, kicking, and forced sex;
Harassment such as constant telephoning, following or stalking, creating public disturbances, preventing child visitations, and threatening to hurt others;
Forcing someone do something against his or her will;
Forcing a child or other person to watch acts of abuse; and
Preventing a person with disability from accessing needed care.

Q: What legal action can a person experiencing domestic violence take?
A: A person experiencing domestic violence can file a request for an order of protection to prevent their abuser from continuing the abusive acts.

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How Orders of Protection Work in Illinois

11/8/2023

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​Sitting on the bench of the Circuit Court of Cook County, Judge Megan Goldish hears cases involving family matters such as domestic violence. Judge Megan Goldish has delivered presentations on a variety of topics, including the Domestic Violence Act and orders of protection.

Also known as restraining orders, Illinois orders of protection are court-issued documents that provide protection in cases of harassment or abuse by a family or household member (including dating partners). Such documents can take a number of forms, including those that bar the abuser from continued threats or abuse such as harassment, intimidation, physical attack, or interference with personal liberty. They can bar the abuser from the victim's school, place of work, or shared residence. They may even stipulate that such restrictions apply when the abuser is under the influence of drugs or alcohol.

The restraining order might also encompass matters related to children, offering temporary legal custody or physical guardianship of offspring. This includes detailing visitation rights in cases where such rights are granted. The restraining order can prevent the abuser from relocating a child to another state or concealing the child from the partner. It might also necessitate the abuser's appearance in court. Financial responsibilities may include child support contributions, covering essentials like shelter, and addressing losses and counseling services connected to the abuse. Importantly, even in cases where no arrest has occurred, it's frequently viable to pursue criminal charges against the abuser.

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