VIOLENCE AGAINST WOMEN ACT (VAWA)
  VAWA was enacted in 1994 to give relief to immigrant women who have been abused by U.S. citizen or a legal permanent resident spouse. VAWA helps victims to no longer have to stay with the abuser for immigration purposes. With legal assistance, they can petition for residency without cooperation from the abuser. If they are divorced, the victim has up to 2 years after the divorce to file a self petition.

IF YOU ARE A VICTIM

VICTIMS WHO NEED IMMEDIATE EMERGENCY ASSISTANCE SHOLD CALL — 911

Or, if you are seeking advice, need immediate emotional support or referral call the national DV hotline 1-800-799-SAFE or your local hotline.

Mujeres’ Hotline (312) 738-5358

If you are a victim of domestic violence, the first step to getting help is recognizing the abuse. Also keep in mind that it is not your fault no matter how severe the abuser’s excuses may be.

1. After recognizing the abuse, the victim should seek help legally if necessary or at a social service agency for counseling and advocacy. Victims of domestic violence are afraid to seek help for several reasons.

  • The victim may be afraid of the abuser’s violent reaction to the victim calling the police, going to a social service agency or receiving a an order of protection.

  • They may not want to harm the abuser because they care for them or think that it will somehow harm their children.

  • They may be intimidated by the legal system due to language barriers or immigration status.

  • They may think that the law will not protect her. Yes, an order of protection is a document, but keep in mind that it is a legal document with consequences for the abuser if not followed. For 70% of victims, orders of protection work immensely in their favor to deter the abuser of committing physical abuse or threatening the victim.

2. If possible, go to a social service agency. There, an advocate or counselor can help the victim set goals and direct you in how to accomplish them. Leaving an abusive relationship takes time. The amount of time depends on the client and her specific situation. Ultimately, leaving is the victim’s decision. At a social service agency, such as ours, a client may receive individual or group counseling and legal/court advocacy. Advocates and Counselors are there for emotional support and to help you better understand what your rights and options are as a person and under the law.

3. They can assist the victim in creating a safety plan to be prepared in a crisis or when she decides to leave. In most cases, the most dangerous time for a victim is when she decides to leave due to the escalated violent reaction the abuser may enact. It is also the most dangerous time because of all the possible hardships that are yet to come for her and her children. This is why it is crucial for victims to have safety plans.

THE LEGAL SYSTEM AND
THE ILLINOIS DOMESTIC VIOLENCE ACT (IDVA)

 

It is against the law for anyone to beat or physically hurt another person regardless of the relationship between the two. There are several law provisions in the State of Illinois to protect victims of domestic violence. The first is Illinois Domestic Violence Act. The IDVA recognizes domestic violence as a serious crime. It creates a legal remedy for domestic violence victims called an Order of Protection (written court order, signed by a judge, which requires an abusive household or family member to do or not to do certain things), and requires that law enforcement officers provide specific types of assistance to victims.

Victims can seek Orders of Protection in Civil
or Criminal Court.

Criminal Court handles cases with people who have committed crimes, such as assault or battery. The victim must have a police report in order to be eligible for an Order of Protection in Criminal Court. Although not required, in most cases the victim must sign a criminal complaint or “press charges” and must testify in court about the crime that took place. If the offender pleads guilty or is convicted by the judge, he can be sentenced to supervision, probation, jail, batterer counseling, and /or payment of a fine. Civil Court handles non-criminal matters such as divorce and child custody. You may also resort to Civil Court if you still need legal protection, but do not want to press criminal charges against the abuser. The judge may order the abuser to pay child support. If orders are not followed, the judge can hold the violator in “contempt of court” and either fine or jail him.

LAW ENFORCEMENT OFFICER’S RESPONSIBILITIES

The IDVA requires officers take all reasonable steps to prevent ant further abuse of the victim, including:

 

1. Arresting the abuser when the officer has enough evidence that a crime has been committed. It is not required that the victim sign a complaint; however, many officers will be unwilling to make an arrest if the victim is unlikely to testify in court.

2. Providing or arranging transportation for the victim to the hospital, if necessary, or to a safe place or shelter. They are also required to accompany the victim back home after they’ve left to protect them while they gather any necessary belongings such as clothing, medication and legal documentation.

3. Advising the victim of their rights under the law, including how to press charges if the abuser was not arrested. They are also required to give the victim a written summary of their legal rights, which is available in English and Spanish. The officer is required to sign the paper and write down his or her badge number and give the person at least one referral to a social service agency.

4. Officers must fill out a police report every time they respond to a domestic violence call.The report must contain the victim’s statement, frequency of abuse. The victim should ask for a copy of the report so there is evidence should the person decide to press criminal charges or file for an Order of Protection.

Safety Plan   Resources