Illinois Crime Victims Compensation Program by accinent

VIEWS: 161 PAGES: 38

									    Illinois Crime Victim’s
   Compensation Program




— Illinois Crime Victim’s Compensation Act —
             — Elder Abuse —
            — Sexual Assault —
          — Domestic Violence —


Jesse White • Secretary of State
Every day, every hour, every minute a violent crime is committed in Illinois. While many violent crimes such as
murder, robbery and aggravated battery receive much of our attention, other violent crimes such as domestic
violence, child abuse and elder abuse are dealt with in private and the victims may not know where to go for help.

The Crime Victim's Compensation Act is administered and adjudicated by the Illinois Court of Claims with the
investigation by the Illinois Attorney General’s office. The program allows victims of violent crimes or their
survivors to receive compensation for hospital and doctor bills, rehabilitation, loss of wages and tuition, and
funeral/burial expenses when other sources of funding have been exhausted, such as insurance and court-
ordered restitution. This program can be a financial lifesaver for many victims who may not have the resources
to cover the expenses incurred as a result of the crime. Therefore, it is important that we get this information
out to the citizens of Illinois so they may take advantage of the program.

Crime Victim's Compensation applications are available at Illinois public libraries and law enforcement agencies
across the state. My office conducts training for library personnel and law enforcement officers on the Crime
Victim's Compensation Program so when they come into contact with a person needing assistance they can
steer them in the right direction. This booklet provides information about the Crime Victim's Compensation Act
and the application process as well as detailed information on elder abuse, sexual assault and domestic
violence. I urge you to familiarize yourself with this information and make sure
that Crime Victim's Compensation information and applications are in a
prominent location where crime victims or family members may access them and
ask for more information.

Thank you for your involvement in ensuring that innocent victims of violent
crimes in Illinois get the compensation and justice they deserve.



Jesse White, Secretary of State
& Ex Officio Clerk of the
Illinois Court of Claims




                                                           Table of Contents
            CHAPTER I
            Illinois Crime Victim's Compensation Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-4
            Illinois Crime Victim's Compensation Application and Instructions . . . . . . . . . . . . . . . . .5-11

            CHAPTER II
            Elder Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-15
            Elder Abuse Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-19

            CHAPTER III
            Illinois Coalition Against Sexual Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
            ISAC Crisis Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20-23

            CHAPTER IV
            Illinois Coalition Against Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-28
            Law Enforcement Guide to Enforcing Orders of Protection Nationwide . . . . . . . . . . . .29-32


                                                                             —1—
                  Chapter 1 — Illinois Crime Victim’s Compensation Act
The Crime Victim’s Compensation Act offers financial assistance to eligible victims of violent crimes. Under the Act, victims
of violent crimes or their survivors who have inadequate insurance or no source of funds to cover their expenses may be
eligible for compensation covering medical bills, counseling, lost wages and other expenses.

Eligible Expenses
■   Medical expenses (hospital, doctor, nursing)
■   Rehabilitation
■   Temporary lodging/relocation
■   Counseling/psychiatry for victim and family
■   Lost wages — up to $1,000 per month
■   Lost tuition
■   Replacement costs
■   Emergency expenditures
■   Prosthetic appliances and accessibility costs
■   Crime scene clean-up
■   Funeral/burial expenses — up to $5,000

Coverage Limitations
■ Total compensation may not exceed $27,000 per direct victim of a violent crime (all dependents must share the $27,000).
■ No compensation is paid for property damage other than as specifically mentioned.
■ No compensation is paid for pain and suffering.

Victim Eligibility
■ A person injured in Illinois as a result of a violent crime.
■ A victim of a violent crime or his/her survivor who is dependent upon the victim for support.
■ A parent whose child is the victim of a violent crime.
■ A relative of a victim who incurred reasonable funeral and/or medical expenses.
■ A child who witnessed a violent crime committed against a relative.
■ A child whose sibling is the victim of a violent crime.
■ An Illinois resident who is a victim of a violent crime committed in another state or country that does not have a
  compensation fund for crime victims.
■ Any person who personally witnessed a violent crime.
■ A parent, step-father, step-mother, child, brother, sister or spouse on behalf of a crime victim.
■ Any person who pays medical, hospital or funeral expenses (up to $5,000 for funeral) on behalf of a victim, and/or travel
  and transportation costs to retrieve a body of a homicide victim.

Violent Crimes Covered
■   Domestic violence
■   Sexual assault and abuse
■   Murder
■   Involuntary manslaughter
■   Reckless homicide
■   Kidnapping
■   Incest
■   Exploitation of a child
■   Assault/battery
■   Reckless conduct
■   Arson
■   Driving under the influence (DUI)
■   Stalking

                                                            —2—
Requirements
■ Crime must be reported within 72 hours to law enforcement (unless unable to do so), and victim or survivor must
  cooperate with law enforcement and the Illinois Attorney General’s office.
■ Victim must first exhaust all sources of financial recovery (i.e., health insurance, public assistance, etc.).
■ Must file a compensation claim with the Illinois Attorney General’s office within two years of the crime.
■ Applicant cannot be an offender or an accomplice of the offender.
■ Applicant cannot contribute to the injury or death of an offender by engaging in wrongful conduct or provocation.

Filing an Application
■ Complete the appropriate application form, including Social Security Number.
■ If victim/survivor has legal representation, complete applicable sections on application form so all correspondence may
  be sent directly to the attorney's office. An attorney is not required.
■ Sign all applicable lines on the application form.

For more information, call 217-782-7101, 8 a.m.-5 p.m., Mon.-Fri., or visit www.cyberdriveillinois.com.

Frequently Asked Questions
Must a victim/claimant be a U.S. citizen? — No. A crime victim/claimant does not have to be a U.S. citizen to be eligible
for financial assistance.

Can a hospital or medical provider apply on a crime victim's behalf? — No. Only victims of violent crimes or their legal
representatives may be claimants; however, the state may make direct payments to eligible health care providers.

What if the crime victim had medical bills from more than one provider? — Each health care provider may be paid
directly by the state. If the victim's expenses exceed $27,000, payouts are prorated to reflect the amount each bill
represents in proportion to the victim’s total compensable loss.

If a crime victim has been awarded the full $27,000, but a balance is still owed to a provider, is the victim still
liable for the remaining balance? — A crime victim/survivor is liable for any remaining amount owed after assistance
provided under the Act has been used. Some medical providers have policies that relieve a victim of the remaining balance
after full assistance has been awarded under the Act. Although such a policy is not mandatory, it is encouraged by the
Illinois Attorney General.

What if a crime victim incurs additional bills as a result of the crime after the compensation application has been
processed? — If a crime victim has not already been granted the maximum amount of $27,000 allowed under law, the
victim can petition the court to have the claim reopened and have the new bills considered for payment.

What medical and hospital bills are covered? — Any medical bills related to the crime, including counseling,
prescriptions, follow-up doctor visits and allowable dental procedures are covered.

What medical and hospital expenses are covered if a crime victim receives Medicare or Medicaid? — Any medical bills
or hospital bills resulting from the crime not covered by Medicare or Medicaid may be covered.

How is loss of earnings calculated and what is included? — Loss of earnings compensation is based on a crime victim’s
net monthly earnings for the six months prior to the crime. The victim must submit proof of earnings and disabling injury.
Loss of earnings includes days missed from work to attend court proceedings and doctor/counseling appointments.




                                                            —3—
What are “replacement costs?” — Replacement costs include expenses incurred to cover the replacement of items such as
eyeglasses, clothing/bedding used as evidence, and locks/windows damaged as a result of the crime. The items must be
replaced and receipts are required.

What temporary lodging/relocation expenses are eligible? — Moving van rental, moving company fees, storage fees,
shipping fees and security deposits may be considered for reimbursement.

What is covered by tuition reimbursement? — Tuition reimbursement is available for time missed during enrollment at a
school or university due to a disability caused by a violent crime, or due to court appearances resulting from the crime.

What benefits are covered if the victim resides in a nursing home? — Any out-of-pocket expenses for medical and
hospital care, prescriptions and counseling resulting from the crime may be covered. Any equipment costs such as
wheelchairs, beds or prosthetic appliances also may be covered.

What funeral/burial expenses are covered? — Funeral and burial costs, as well as travel and transportation costs for
survivors of homicide victims to secure bodies and transport them for burial are covered. These expenses are compensated
up to a maximum of $5,000.

Can funeral directors apply directly for compensation? — No. Funeral directors may not file for compensation on their
own behalf, but may be compensated directly under the claim of the person who became legally obligated for payment of
these expenses.

What compensation is available for someone obtaining legal custody of minor children because of the death of a
parent/guardian resulting from a violent crime? — Compensation for the loss of support provided for the child by the
deceased parent, funeral/burial costs, counseling and child care expenses may be covered.

Who can I contact to learn more about the role of hospitals and medical providers in the Crime Victim’s
Compensation Act? — Call the Illinois Court of Claims at 217-782-7101.




                                                          —4—
—5—
—6—
—7—
—8—
                             Instructions for Completing and Filing
                            Crime Victim’s Compensation Application
■ Complete all sections.
■ Must be signed by victim, parent/guardian or dependent of victim, or survivor of victim.
■ The documents must be filed with the Court of Claims within two years of the crime (unless victim is a child).

Section I — Claimant and Victim Information
Claimant Information — Complete in entirety. Use Social Security Number of person filing the claim (if a parent is filing on
behalf of a child, the parent must use his/her Social Security Number).

Victim Information — Complete in entirety. If this information cannot be completed, leave blank and provide at a later
date.

Ethnicity — Questions are optional.

Compensable Violent Crimes include:
■ Violation of Order of Protection: 720 ILCS 5/12-30
■ Domestic Battery: 720 ILCS 5/12-3.2
■ Criminal Sexual Assault (rape, fondling): 720 ILCS 5/12-13
■ Aggravated Criminal Sexual Assault: 720 ILCS 5/12-14
■ Predatory Criminal Sexual Assault of a Child (cause great bodily harm, life threatening, results in permanent disability to
  person under age 13): 720 ILCS 5/12-4.1
■ Criminal Sexual Abuse (act of sexual conduct when victim is a child or unable to understand): 720 ILCS 5/12-15
■ Aggravated Criminal Sexual Abuse (use of weapon, caused bodily harm, victim disabled): 720 ILCS 5/12-16
■ Murder — First Degree: 720 ILCS 5/9-1; Second Degree: 720 ILCS 5/9-2
■ Involuntary Manslaughter and Reckless Homicide (recklessness that results in death, such as DUI): 720 ILCS 5/9-3
■ Kidnapping: 720 ILCS 5/10-1
■ Aggravated Kidnapping (inflicts great bodily harm, victim under age 13, for ransom): 720 ILCS 5/10-2
■ Sexual Relations Within Families (incest): 720 ILCS 5/11-11
■ Exploitation of a Child (confine for prostitution of child age 16 or institutionalized): 720 ILCS 5/11-19.2
■ Child Pornography: 720 ILCS 5/11-20.1
■ Assault (makes a person believe they will be battered): 720 ILCS 5/12-1
■ Aggravated Assault (with a weapon): 720 ILCS 5/12-2
■ Battery (causes bodily harm or makes physical contact): 720 ILCS 5/12-3
■ Aggravated Battery (uses deadly weapon other than firearm, or other circumstances such as aggressor knows victim is
  pregnant and batters her): 720 ILCS 5/12-4
■ Heinous Battery (battery that causes severe or permanent disability): 720 ILCS 5/12-4.1
■ Aggravated Battery with a Firearm: 720 ILCS 5/12-4.2
■ Aggravated Battery of a Child: (child under age 13): 720 ILCS 5/12-4.3
■ Reckless Conduct (endangering the bodily safety of a person): 720 ILCS 5/12-5
■ Stalking (acts of surveillance or following with threat or placing victim in reasonable apprehension of bodily harm):
  720 ILCS 5/12-7.3
■ Aggravated Stalking (confining, restraining, causing bodily harm as part of stalking): 720 ILCS 5/12-7.4
■ Arson (damaging property by fire or explosion): 720 ILCS 5/20
■ Aggravated Arson (threatens persons or causes bodily injury or death during arson): 720 ILCS 5/20-1.1
■ Driving Under the Influence (of intoxicating liquor or narcotic drugs): 625 ILCS 5/11-501
■ Terrorism: 720 ILCS 5/29 D

If the crime involves bodily injury or violence and does not fit into any of the above categories a Crime Victim’s
Compensation Application must still be completed. The Court of Claims will determine if compensation is available.


                                                            —9—
— 10 —
Section II — Crime Information
Date of Crime/Name of Law Enforcement Reported to — Complete in entirety. Victims of domestic violence and sexual
assault in small communities often are afraid to contact law enforcement authorities for fear that the abuser will further
harm them. If this is the case, suggest that the victim report to a domestic violence advocate or sexual assault program. In
all domestic violence or sexual assault cases, the victim should be referred to a local program.

Police Report Number — Complete if information is available. If not available, the police report will be obtained through
the investigation by the Illinois Attorney General.

Name of offender — In many cases, the victim may not know who committed the crime. If this is the case, state
“unknown.” Compensation for victims of violence does not depend on whether the criminal is known or successfully brought
to justice. The program assists victims of violence regardless of whether the perpetrator is brought to justice. A victim must
cooperate with law enforcement.

Was offender arrested? — Complete to the extent known.

Has offender been charged in court? — If victim is unaware of the answers to these questions, state unknown.

Criminal Court Case Number — Complete if known. If unknown, leave blank or put unknown. The Attorney General’s office
can obtain this information during the investigation.

Section III — Medical Information and Benefits
Medical/counseling expenses — These should almost always be marked yes. The Act allows for the reimbursement of
medical, hospital and dental bills, rehabilitation equipment and counseling expenses not paid by insurance or another
source such as public assistance. Counseling is covered for anyone who personally witnesses an act of violence. In most
situations, additional medical treatment or counseling will be used at a later date. Victims should check “yes” in both boxes
unless they have insurance and are certain their insurance will pay the bills associated with the violence in full. Note that
the Act does not provide compensation for pain and suffering.

Describe the injuries — Complete with as much detail as possible.

List name(s) and address(es) of doctors, hospitals, etc. — Complete with as much detail as possible understanding that
the victim may have later medical bills, which may be covered. If the claim is awarded, the court makes the payment
directly to the hospital, doctor, etc., unless the crime victim has already paid the bill or someone has paid the bill on behalf
of the victim. In that case the program will reimburse whomever paid. If public assistance/insurance pays for medical and
hospital expenses, the victim is not reimbursed as the Act allows for payment only of “actual” expenses.

If additional medical, counseling expenses arise after the initial award, the crime victim must ask the court to pay these
additional bills. The claimant will then be asked to send proof of the expenses to the court with a note asking the court to
pay. The court will pay on behalf of the crime victim up to the $27,000 cap.

Once the victim has filed a claim for medical, counseling, funeral expenses, etc., if the victim receives calls regarding
payment of these bills, the victim should state that he/she has filed an application for Crime Victim’s Compensation and
give the case number. When the court notifies the crime victim of an award, it is against the law for hospitals, doctors, etc.
to harass the victim for payment or attempt to hurt the victim’s credit rating.

Insurance — This section requires a listing of all insurance companies, governmental agencies, offender restitutions, etc.
that may be available to pay all or part of the victim’s medical bills. Crime Victim’s Compensation is the payee of last
resort. The victim must first exhaust all other sources of payment. Only uncovered medical bills will be paid through the
Act. Any lawsuits against the aggressor are considered possible sources to pay expenses; therefore, if a case is completed, it
should be listed.

Payment from other sources — Claimant should fill out this section to the best of his/her knowledge, with all information
regarding payment to the victim from other sources.

                                                             — 11 —
Section IV — Funeral/Burial Information and Death Benefits
Funeral/Burial — The Crime Victim’s Compensation Act allows for the reimbursement of funeral/burial expenses of up to
$5,000 on behalf of a crime victim. Attach a copy of the funeral bill, burial bill and death certificate to the application.
Many funeral homes will hold off on the bill, pending an award from the Court of Claims, while others will not.

Will the dependents receive any accident/life insurance — Complete in entirety, listing any known insurance.

Loss of Support — List all children, including children the victim has legally adopted and if the victim has provided support
to a dependent. A dependent could be a grandparent for whom the victim cared for or a child over age 18 in college. If a
crime victim was providing support to a dependent he/she may be eligible to receive an award of loss of support.

Section V — Employment Information
Lost Wages — These questions provide information on loss of earnings or support due to the crime. The Act may provide
compensation for loss of earnings or support of up to $1,000 per month, up to $27,000, depending on monthly earnings of
the victim. A formula is used to calculate loss of earnings and support, which is why verification of income information is
requested.

Section VI — Tuition
Tuition Reimbursement — The Act provides for reimbursement of loss of tuition paid to attend grammar school, high
school, college or graduate school when the victim has been enrolled full time or is a night student prior to the crime and is
unable to attend because of the violence perpetuated against him/her.

Section VII — Subrogation Rights
Subrogation — To subrogate means to put into place of another. This section advises the applicant that if the Crime
Victim’s Compensation Program pays medical bills, loss of support, etc. and there is an award to the victim through another
court proceeding, the Crime Victim’s Compensation Program will be reimbursed through the other court proceeding. An
example would be if the victim files a suit and recovers money for hospital bills that have already been paid by the Crime
Victim’s Compensation Program.

Section VIII — Certification and Releases
Signature — The applicant must sign the application. If the crime victim cannot sign the application, the person completing
the application may sign on behalf of the applicant followed by his/her name underneath.

Attorney Information — An attorney is not necessary to file a Crime Victim’s Compensation Application. Most crime
victims do not use an attorney to apply. However, if the victim does have an attorney, the attorney cannot charge a fee for
presenting the claim before the Court of Claims. This program is to assist crime victims and their families.




                                                            — 12 —
                                         Chapter 2 — Elder Abuse
“Elder abuse” is any negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a
vulnerable older adult. Elder abuse can affect people of all ethnic backgrounds and social status and can affect both men
and women. Illinois law defines abuse, neglect and exploitation of an older person as:
■ Physical abuse — inflicting physical pain or injury upon an older adult.
■ Sexual abuse — touching, fondling, intercourse or any other sexual activity with an older adult when he/she is unable to
   understand, unwilling to consent, threatened or physically forced.
■ Emotional abuse — verbal assaults, threats of abuse, harassment or intimidation.
■ Confinement — restraining or isolating an older adult, other than for medical reasons.
■ Passive neglect — caregiver's failure to provide an older adult with life's necessities, including, but not limited to, food,
   clothing, shelter or medical care.
■ Willful deprivation — willfully denying an older adult medication, medical care, shelter, food, a therapeutic device or
   other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except
   when the older adult has expressed an intent to forego such care.
■ Financial exploitation — the misuse or withholding of an older adult's resources by another to the disadvantage of the
   older adult or the profit or advantage of someone else.

Many Suffer from Elder Abuse
It is difficult to say how many older Americans are abused, neglected or exploited, in large part because surveillance is
limited and the problem remains greatly hidden. While a few studies estimate that between 3 percent and 5 percent of the
elderly population have been abused, it is estimated that there may be as many as 5 million victims each year. One
consistent finding is that reports increase each year.

Warning Signs of Elder Abuse — Most important is to be alert. Suffering often is done in silence. If you notice changes in
personality or behavior of an elderly person, you should question what is going on. While one sign does not necessarily
indicate abuse, following are some signs there may be a problem:
■ Bruises, pressure marks, broken bones, abrasions and burns may be an indication of physical abuse, neglect or
   mistreatment.
■ Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators
   of emotional abuse.
■ Bruises around the breasts or genital area may indicate possible sexual abuse.
■ Sudden changes in financial situations may be the result of financial exploitation.
■ Bedsores, unattended medical needs, poor hygiene and unusual weight loss are indicators of possible neglect.
■ Behavior such as belittling, threats and other uses of power and control by caretakers or family members are indicators
   of verbal or emotional abuse.
■ Strained or tense relationships, frequent arguments between the caregiver and older adult also are signs of emotional
   abuse.

Who is Vulnerable to Elder Abuse — Social isolation and mental impairment (such as dementia or Alzheimer's disease) are
two factors that may make an older adult more vulnerable. But, in some situations, studies show that living with someone
else (a caregiver or a friend) may increase the chances for abuse to occur. A history of domestic violence also may make an
older adult more susceptible to abuse.

Who Abuses Older Adults — Abusers of older adults are both women and men. Family members are more often the
abusers than any other group. Statistics show that adult children are the most common abusers. Financial exploitation is
the most common type of abuse identified.

Criminal Penalties for Elder Abuse — Illinois has increased penalties for those who victimize older adults. Increasingly
across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil
laws to bring abusers to justice.



                                                            — 13 —
Reporting Elder Abuse
Elder Abuse and Neglect Program services are provided through local agencies designated by the Area Agency on Aging and
the Illinois Department on Aging. All elder abuse caseworkers are trained and certified by the department, which also
promulgates the program's policies and procedures and oversees the monitoring of services through the Area Agencies on
Aging.

Each one of us has a responsibility to keep elders safe from harm. Call the police or 9-1-1 immediately if someone you
know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is
occurring, contact your local elder abuse provider agency or long-term care ombudsman (for nursing homes). To find your
local provider, visit www.state.il.us/aging/1directory/elder_abuse.pdf, or call the nationwide Eldercare Locator at 800-
677-1116, Mon.-Fri., 9 a.m. to 8 p.m. eastern time. You also may call the Department on Aging’s Elder Abuse Hotline at 866-
800-1409 (Voice), 888-206-1327 (TTY).

Self-Reporting/Dysfunction — Dysfunction is not defined by law, but is understood to mean any physical or mental
condition that would render an older adult unable to seek help for himself or herself. Such conditions may include
dementia, paralysis, speech disorders, being confined to bed and unable to reach or use a telephone, etc. It is up to the
professional person's judgment as to whether an older adult is able to self-report. If a person is unsure whether an older
adult is able to self-report, but suspects the person is being abused, neglected or financially exploited, the Department on
Aging encourages the reporter to voluntarily report the situation to the Elder Abuse and Neglect Program. The person may
use the following questions to help determine if a person has the mental capacity to self-report:
1. Does the person understand the facts of the situation?
2. Does the person express a free choice about his/her situation?
3. Does the person understand the risks and benefits of that choice?

When an older adult, because of dysfunction, is unable to self-report, professionals and state employees must report, within
24 hours, any suspected abuse, neglect or financial exploitation to the Department on Aging Elder Abuse and Neglect
Program. The requirement to report includes any time a mandated reporter (see below) is engaged in carrying out his/her
professional duties.

Mandated Reporter — Certain professionals are required by law to report elder abuse. The Elder Abuse and Neglect Act
requires mandatory reporters to testify fully in any judicial or administrative hearing resulting from a report. This outcome
occurs in only a very small number of cases. A mandated reporter includes a professional or professional's delegate while
engaged in:
■ social services;
■ the care of an eligible adult or eligible adults;
■ education;
■ law enforcement;
■ any occupation required to be licensed under the: Clinical Psychologist Licensing Act; Clinical Social Work
   and Social Work Practice Act; Illinois Dental Practice Act; Dietetic and Nutrition Services Practice Act; Marriage and
   Family Therapy Licensing Act; Medical Practice Act of 1987; Naprapathic Practice Act; Illinois Nursing Act of 1987;
   Illinois Occupational Therapy Practice Act; Illinois Public Accounting Act; Illinois Optometric Practice Act of 1987;
   Pharmacy Practice Act of 1987; Illinois Physical Therapy Act; Physician Assistant Practice Act of 1987; Podiatric
   Medical Practice Act of 1987; Professional Counselor and Clinical Professional Counselor Licensing Act; Respiratory
   Care Practice Act; Illinois Speech-Language Pathology and Audiology Practice Act; Nursing Home Administrators
   Licensing and Disciplinary Act; and the Veterinary Medicine and Surgery Practice Act of 2004;
■ an employee of a vocational rehabilitation facility prescribed or supervised by the Illinois Department of Human
   Services;
■ an administrator, employee or person providing services in or through an unlicensed community-based facility;
■ a Christian Science practitioner;
■ field personnel of the Illinois Departments of Healthcare and Family Services, Public Health, Human Services and
   any county or municipal health department;
■ personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire
   Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider
   agencies, and the Office of State Long-Term Care Ombudsman;

                                                            — 14 —
■ any employee of the State of Illinois not otherwise specified who is involved in providing services to eligible adults,
  including professionals providing medical or rehabilitation services and all other persons having direct contact with
  eligible adults;
■ a person who performs the duties of a coroner or medical examiner; or
■ a person who performs the duties of a paramedic or an emergency medical technician.
■ Because of confidentiality restrictions, bankers and attorneys are not mandated to report suspected elder abuse. They
  are, however, like all others, encouraged to voluntarily report any suspected mistreatment of older adults.
  (Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.), as amended.)

Penalties for Failure to Report — Any physician who willfully fails to report as required by the Elder Abuse and Neglect
Act shall be referred to the Illinois State Medical Disciplinary Board. Any dentist or dental hygienist who willfully fails to
report as required by this Act shall be referred to the Department of Professional Regulation. Any other mandated reporter
required by this Act to report suspected abuse, neglect or financial exploitation and, who willfully fails to report the same,
is guilty of a Class A misdemeanor.

Legal Protections for Reporters of Elder Abuse — The Elder Abuse and Neglect Act provides extensive protections for all
reporters of elder abuse, whether voluntary or mandatory. Anyone who makes an elder abuse report in good faith is exempt
from civil and criminal liability as well as any professional disciplinary action. These same protections are provided to any
person who provides information, records or services related to a report.

The law also prohibits any retaliation by an employer against any employee who makes a good faith report of abuse, who is
or will be a witness, or who will testify in any investigation or proceeding concerning a report of elder abuse.

In addition, by law, a reporter's name may be released only with the reporter's written consent or by the order of a court.
The Department on Aging also accepts anonymous reports.

Elder Abuse/Neglect Reporting Procedures
Step I: Intake — The agency receiving the call will do an intake. The reporter should be prepared to answer the following
questions to the best of his/her ability. Even if the reporter does not have all the information, the call should be made with
as much information as possible.
■ alleged victim's name, address, telephone number, sex, age and general condition;
■ alleged abuser's name, sex, age, relationship to victim and condition;
■ circumstances that led the reporter to believe that the older adult is being abused, neglected or financially
   exploited, with as much specificity as possible;
■ whether the alleged victim is in immediate danger, the best time to contact the victim, if the victim knows of the
   report, and if there is any danger to the responding caseworker;
■ whether the reporter believes the client could self-report;
■ name, telephone number and profession of the reporter;
■ names of others with information about the situation;
■ whether the reporter is willing to be contacted again; and
■ any other relevant information.

Step 2: Assessment — Depending on the nature and seriousness of the allegations, a trained caseworker will make a
face-to-face contact with the victim within the following time frames:
■ 24 hours for life-threatening situations,
■ 72 hours for most neglect and non life-threatening physical abuse reports, and
■ 7 calendar days for most financial exploitation and emotional abuse reports.

The caseworker has 30 days to do a comprehensive assessment both to determine if the client has been mistreated and to
determine his/her needs for services and interventions. If the abuse is substantiated, the caseworker involves the older adult
in the development of a case plan to alleviate the situation. The caseworker always attempts to utilize the least restrictive
alternatives that will allow the older adult to remain independent to the highest degree possible.



                                                            — 15 —
Services may include in-home care, adult day services, respite, health services and counseling. Other interventions may
include an order of protection against the alleged abuser, obtaining a representative payee, having the person change or
execute a new power of attorney for financial or health decisions, or assisting the client in obtaining other legal remedies.
In some cases, services for the abuser also are obtained, including mental health, substance abuse, job placement or other
services related to their problems.

Step 3: Follow-Up — The caseworker may keep the case open 15 months from the date of intake in order to monitor the
situation and to continually re-assess the need for different interventions. Where the caseworker judges that the best
interests, safety and well-being of the client require further follow-up service, the case may stay open for up to an
additional 12-month period. If subsequent reports of abuse are received and substantiated, the case may be kept open even
longer. All reports and records of the Elder Abuse and Neglect Program are subject to strict confidentiality provisions.

Client Refusal of Services — As an adult, a competent client may refuse an assessment and may refuse all services and
interventions. This is called the client's right to self-determination. It is rare for a client to refuse an assessment, and 78
percent of clients whose abuse is substantiated consent to further services.

Where a client has dementia or other cognitive impairment, the Elder Abuse Program works to assess the situation and to
provide services as needed. In some cases, the Elder Abuse Provider Agency petitions the court for guardianship to ensure
that the client's needs are met. Guardianship and nursing home placement are the last resort.

Elder Abuse Prevention
Educating seniors, professionals, caregivers and the general public on elder abuse is critical to prevention. On an individual
level, the following simple but vital steps will reduce a person’s risk of abuse:
■ Take care of your health.
■ Seek professional help for drug, alcohol and depression concerns. Urge family members to get help for these problems.
■ Attend support groups for spouses and learn about domestic violence services.
■ Plan for your own future. With a power of attorney or a living will, health care decisions may be addressed to avoid
   confusion and family problems should you become incapacitated. Seek independent advice from someone you trust
   before signing any documents.
■ Stay active in the community and connected with friends and family. This will decrease social isolation, which has
   been connected to elder abuse.
■ Know your rights. If you engage the services of a paid or family caregiver, you have the right to voice your
   preferences and concerns. If you live in a nursing home, call your Long-Term Care Ombudsman. The Ombudsman is
   your advocate and has the power to intervene.




                                                              — 18 —
— 19 —
                                          Elder Abuse Agencies
Adams                                    Clay                                  Effingham
West Central Illinois                    Effingham City and County             Effingham City and County
Case Coordination Unit                   Committee on Aging                    Committee on Aging
217-222-1189                             800-283-4070                          800-283-4070

Alexander                                Clinton                               Fayette
Shawnee Alliance for Seniors             Southwestern Illinois                 Effingham City and County
618-985-8322                             Visiting Nurse Association            Committee on Aging
                                         618-236-5863                          800-283-4070
Bond
Southwestern Illinois                    Coles                                 Ford
Visiting Nurse Association               Cumberland Associates, Inc.           Elder Care Services of Ford-Iroquois
618-236-5863                             800-626-7911                          Counties
                                                                               815-432-2483
Boone                                    Cook
Visiting Nurse Association of Rockford   See City of Chicago                   Franklin
815-971-3502                                                                   Shawnee Alliance for Seniors
                                         Crawford                              618-985-8322
Brown                                    SWAN (Stopping Woman Abuse Now)
West Central Illinois                    618-392-3556                          Fulton
Case Coordination Unit                                                         SeniorStrength
217-222-1189                             Cumberland                            309-637-3905
                                         Cumberland Associates, Inc.
Bureau                                   800-626-7911                          Gallatin
Alternatives for the Older Adult                                               Shawnee Alliance for Seniors
309-277-0168                             DeKalb                                618-985-8322
                                         Elder Care Services of DeKalb Co.
Calhoun                                  815-758-6550                          Greene
West Central Illinois                                                          Prairie Council on Aging
Case Coordination Unit                   DeWitt                                217-479-4600
217-222-1189                             Community Home Environmental
                                         Learning Project, Inc. (CHELP)        Grundy
Carroll                                  217-422-9888                          Grundy County Health Department
In Touch Service of Lutheran Social                                            815-941-3143
Services of Illinois                     Douglas
815-626-7333                             Cumberland Associates, Inc.           Hamilton
                                         800-626-7911                          SWAN (Stopping Woman Abuse Now)
Cass                                                                           618-392-3556
Prairie Council on Aging                 DuPage
217-479-4600                             DuPage Co. Dept. of Human Resources   Hancock
                                         630-682-7000                          West Central Illinois
Champaign                                                                      Case Coordination Unit
Senior Resource Center                   Edgar                                 217-222-1189
217-352-5100                             Cumberland Associates, Inc.
                                         800-626-7911                          Hardin
Christian                                                                      Shawnee Alliance for Seniors
Macoupin Co. Programs for the Elderly    Edwards                               618-985-8322
217-854-4706                             SWAN (Stopping Woman Abuse Now)
                                         618-392-3556                          Henderson
Clark                                                                          Alternatives for the Older Adult
Cumberland Associates, Inc.                                                    309-277-0168
800-626-7911
                                                         — 16 —
Henry                                   Lake                                   Massac
Alternatives for the Older Adult        Catholic Charities, Chicago            Shawnee Alliance for Seniors
309-277-0168                            Archdiocese                            618-985-8322
                                        847-546-5733
Iroquois                                                                       McDonough
Elder Care Services of Ford-Iroquois    LaSalle                                Alternatives for the Older Adult
Counties                                Alternatives for the Older Adult       309-277-0168
815-432-2483                            309-277-0168
                                                                               McHenry
Jackson                                 Lawrence                               Senior Services Associates
Shawnee Alliance for Seniors            SWAN (Stopping Woman Abuse Now)        815-344-3555
618-985-8322                            618-392-3556
                                                                               McLean
Jasper                                  Lee                                    PATH
SWAN (Stopping Woman Abuse Now)         In Touch Services of Lutheran Social   309-828-1022
618-392-3556                            Services of Illinois
                                        815-626-7333                           Menard
Jefferson                                                                      Senior Services of Central Illinois
Effingham City and County               Livingston                             217-528-4035
Committee on Aging                      PATH
800-283-4070                            309-828-1022                           Mercer
                                                                               Alternatives for the Older Adult
Jersey                                  Logan                                  309-277-0168
Prairie Council on Aging                Senior Services of Central Illinois
217-479-4600                            217-528-4035                           Monroe
                                                                               Southwestern Illinois
JoDaviess                               Macon                                  Visiting Nurse Association
Stephenson County Senior Center         Community Home Environmental           618-236-5863
815-235-9777                            Learning Project, Inc. (CHELP)
                                        217-422-9888                           Montgomery
Johnson                                                                        Montgomery County Health Dept.
Shawnee Alliance for Seniors            Macoupin                               217-532-2001
618-985-8322                            Macoupin County Programs for the
                                        Elderly                                Morgan
Kane                                    217-854-4706                           Prairie Council on Aging
Senior Services Associates                                                     217-479-4600
847-741-0404 (Elgin)                    Madison
630-897-4035 (Aurora)                   Southwestern Illinois Visiting Nurse   Moultrie
                                        Association                            Cumberland Associates, Inc.
Kankakee                                618-236-5863                           800-626-7911
Catholic Charities, Diocese of Joliet
815-932-1921                            Marion                                 Ogle
                                        Effingham City and County              In Touch Services of Lutheran Social
Kendall                                 Committee on Aging                     Services of Illinois
Senior Services Associates, Inc.        800-283-4070                           815-626-7333
630-553-5777
                                        Marshall                               Peoria
Knox                                    SeniorStrength                         SeniorStrength
Alternatives for the Older Adult        309-637-3905                           309-637-3905
309-277-0168
                                        Mason                                  Perry
                                        Senior Services of Central Illinois    Shawnee Alliance for Seniors
                                        217-528-4035                           618-985-8322


                                                         — 17 —
Piatt                                 St. Clair                              Will
Senior Resource Center                Southwestern Illinois                  Senior Services Center of Will Co.
217-352-5100                          Visiting Nurse Association             815-740-4225
                                      618-236-5863
Pike                                                                         Williamson
West Central Illinois Case            Stark                                  Shawnee Alliance for Seniors
Coordination Unit                     SeniorStrength                         618-985-8322
217-222-1189                          309-637-3905
                                                                             Winnebago
Pope                                  Stephenson                             Visiting Nurses Association of Rockford
Shawnee Alliance for Seniors          Stephenson County Senior Center        815-971-3502
618-985-8322                          815-235-9777
                                                                             Woodford
Pulaski                               Tazewell                               SeniorStrength
Shawnee Alliance for Seniors          SeniorStrength                         309-637-3905
618-985-8322                          309-637-3905
                                                                             City of Chicago
Putnam                                Union                                  60626, 60640, 60645,
Alternatives for the Older Adult      Shawnee Alliance for Seniors           60659, 60660
309-277-0168                          618-985-8322                           Catholic Charities
                                                                             773-286-6041
Randolph                              Vermilion
Southwestern Illinois                 Community Resources and Information    60625, 60630, 60631,
Visiting Nurse Association            for Seniors (CRIS) Services            60646, 60656
618-236-5863                          217-443-2999                           Catholic Charities
                                                                             773-286-6041
Richland                              Wabash
SWAN (Stopping Woman Abuse Now)       SWAN (Stopping Woman Abuse Now)        60634, 60636, 60639, 60641,
618-392-3556                          618-392-3556                           60666, 60707
                                                                             Catholic Charities
Rock Island                           Warren                                 773-286-6041
Alternatives for the Older Adult      Alternatives for the Older Adult
309-277-0168                          309-277-0168                           60613, 60614, 60618,
                                                                             60647, 60657
Saline                                Washington                             Catholic Charities
Shawnee Alliance for Seniors          Southwestern Illinois                  773-286-6041
618-985-8322                          Visiting Nurses Association
                                      618-236-5863                           60601, 60602, 60603, 60604,
Sangamon                                                                     60605, 60606, 60607, 60610,
Senior Services of Central Illinois   Wayne                                  60611, 60622
217-528-4035                          SWAN (Stopping Woman Abuse Now)        Healthcare Consortium of Illinois
                                      618-392-3556                           708-841-9515
Schuyler
West Central Illinois                 White                                  60615, 60616, 60637,
Case Coordination Unit                SWAN (Stopping Woman Abuse Now)        60649, 60653
217-222-1189                          618-392-3556                           Centers for New Horizons
                                                                             773-451-1376
Scott                                 Whiteside
Prairie Council on Aging              In Touch Services of Lutheran Social   60609, 60623, 60629,
217-479-4600                          Services of Illinois                   60632, 60638
                                      815-626-7333                           Metropolitan Family Services
Shelby                                                                       312-986-4332
Cumberland Associates, Inc.
800-626-7911

                                                       — 18 —
60617, 60619, 60627, 60628,      Bloom, Bremen, Calumet, Rich,             Oak Park, River Forest
60633, 60827                     Thornton Townships                        Oak Park Township
Metropolitan Family Services     (Cities served: Dixmoor, Harvey,          708-383-8060
312-986-4332                     Homewood, Markham, Burnham,
                                 Dolton, Calumet City, East Hazel Crest,   Lemont, Orland, Palos,
60620, 60621, 60636, 60643,      Lansing, Phoenix, Riverdale, South        Worth Townships
60652, 60655                     Holland)                                  PLOWS (Palos, Lemont, Orland, Worth)
Metropolitan Family Services     Thornton Catholic Charities               Council on Aging
312-986-4332                     (South Suburban Senior Services)          708-361-0219
                                 708-596-2222
60608, 60612, 60624,                                                       Proviso Township (except Villages of
60644, 60651                     Elk Grove, Schaumburg                     Brookfield and LaGrange Park)
Westside Health Partnership      Kenneth W. Young Centers                  West Suburban Senior Services
773-522-8640                     847-524-8800                              708-547-5600

Suburban Cook County             Leyden, Norwood Park                      Lyons and Riverside Townships,
Berwyn, Cicero                   Leyden Family Services                    Villages of Brookfield and LaGrange
Berwyn-Cicero Council on Aging   847-455-3929                              Park
708-447-2448                                                               Southwest Suburban Center on Aging
                                 Evanston, Niles                           708-354-1323
Barrington, Hanover, Palatine,   Metropolitan Family Services
Wheeling Townships               847-328-2404                              Stickney Township
Catholic Charities                                                         Stickney Township Office on Aging
(Northwest Senior Services)      Maine, New Trier, Northfield              708-636-8850
847-253-5500                     North Shore Senior Center
                                 847-784-6000                              NOTE: This list of Elder Abuse Provider
                                                                           Agencies also may be found at
                                                                           www.state.il.us/aging under the
                                                                           Directory of Agencies and
                                                                           Organizations Serving Seniors.




                                                 — 19 —
                  Chapter 3 — Illinois Coalition Against Sexual Assault
The Illinois Coalition Against Sexual Assault (ICASA) is a not-for-profit corporation of 34 community-based sexual assault
crisis centers. Several centers have satellite offices serving rural areas of the state and urban neighborhoods that are
traditionally underserved.

ICASA centers assist survivors of sexual assault. Each ICASA center provides counseling and advocacy to female and male
victims of all ages as well as to family members and friends of victims. These specialized services support survivors of sexual
assault, child sexual abuse, acquaintance rape, sexual harassment and incest. The center's work may begin shortly after a
victim is raped or years after an assault. In either case, the crisis center provides free and confidential services to promote
healing and advance justice.

ICASA's centers also conduct extensive prevention education programs in schools and with civic organizations and other
community groups. ICASA produces a variety of materials available to the public, including television and radio ads,
brochures and training materials. It also has a library of more than 1,500 books, magazine articles and journals available to
the public.

For a complete list of rape crisis centers and more information on ICASA, visit www.icasa.org. Contact with an ICASA
center is completely confidential.

                                                   ICASA Crisis Centers
Aurora                                     Madison County Call For Help, Inc.         Rape Crisis Services of the Women's
Mutual Ground, Inc.                        618-452-2763                               Center
630-897-8383                               2013-D Johnson Rd.                         800-334-2094
P.O. Box 843                               Granite City, IL 62040                     100 Tower Square
Aurora, IL 60507                           Counties Served: Madison                   P.O. Box 1645
Counties Served: Southern Kane,            www.callforhelpinc.org                     Marion, IL 62959
Kendall                                                                               www.thewomensctr.org
www.mutualgroundinc.com                    Bloomington
                                           Stepping Stones Sexual Assault             Charleston/Mattoon
Belleville                                 Services                                   Counseling & Information for Sexual
Call For Help Sexual Assault Victims       800-570-7284                               Assault/Abuse
Care Unit                                  1201 N. Hershey Rd.                        866-288-4888
618-397-0975                               Bloomington, IL 61704                      10499 N. State Hwy., R.R. #1
9400 Lebanon Rd.                           Counties Served: McLean                    Robinson, IL 62454
Edgemont, IL 62203                                                                    caisa@joink.com
Counties Served: Jefferson, Hamilton,      Carbondale
Madison, Monroe, Randolph, St. Clair,      Rape Crisis Services of the Women's        Sexual Assault Counseling &
Wayne                                      Center                                     Information Service
www.callforhelpinc.org                     800-334-2094                               888-345-2846
                                           610 S. Thompson                            P.O. Box 858
Call For Help Sexual Assault Victims       Carbondale, IL 62901                       Charleston, IL 61920
Care Unit                                  Counties Served: Franklin, Jackson,        sacisch@consolidated.net
618-397-0975                               Johnson, Perry, Saline, Union,             Counties Served: Coles, Crawford,
129 N. 8th St., Rm. 469                    Williamson                                 Cumberland, Jasper, Lawrence, Richland
East St. Louis, IL 62201                   www.thewomensctr.org                       www.sacis.net
www.callforhelpinc.org




                                                            — 20 —
Chicago                                  YWCA of Metro. Chicago RISE             YWCA of Metropolitan Chicago -
Austin Community Satellite               Children's Center                       Uptown Outreach
888-293-2080                             888-293-2080                            888-293-2080
101 Madison Ave., Ste. 212               300 S. Ashland, Ste. 301                4753 N. Broadway, Ste. 602
Oak Park, IL 60302                       Chicago, IL 60607                       Chicago, IL 60640
                                         ywcachicago.org/rise.htm
Community Counseling Centers of                                                  Danville
Chicago                                  YWCA of Metropolitan Chicago Loop       Paris Regional Office
888-293-2080                             Women's Services                        888-549-1800
Quetzal Center                           888-293-2080                            505 W. Washington
2525 W. Peterson Ave.                    360 N. Michigan Ave., 8th Fl.           Paris, IL 61944
Chicago, IL 60659                        Chicago, IL 60601                       reachparis@yahoo.com
Counties Served: Cook                    Counties Served: Chicago Loop
www.c4chicago.org                        www.ywcachicago.org/programs.html?n     REACH -Danville
                                         xc=2981058560457103&nxd=1056722         217-443-5566
Mujeres Latinas En Accion                3131/                                   201 N. Hazel St.
888-293-2080                                                                     Danville, IL 61832
2124 W. 21st Pl.                         YWCA of Metropolitan Chicago -          Counties Served: Clark, Edgar,
Chicago, IL 60608                        Englewood Satellite                     Vermillion
Counties Served: Cook                    888-293-2080
www.mujereslatinasenaccion.org/SA.html   641 W. 63rd St.., Lower Level 34 & 35   DeKalb
                                         Chicago, IL 60621                       Safe Passage
Pillars Community Services` Midway                                               815-756-5228
Center                                   YWCA of Metropolitan Chicago - Harris   P.O. Box 621
888-293-2080                             Center                                  DeKalb, IL 60115-0621
4033 W. 63rd St.                         888-293-2080                            Counties Served: DeKalb
Chicago, IL 60629                        6200 S. Drexel Ave.
Counties Served: Chicago communities     Chicago, IL 60637                       Decatur
of Ashburn, Chicago Lawn, Clearing,      Counties Served: Chicago                Growing Strong Sexual Assault Center
Gage Park, Garfield Ridge, West Eldson   neighborhoods of Roseland, Englewood,   217-428-0770
and West Lawn.                           Woodlawn, Grand Boulevard, South        270 W. Prairie St.
                                         Chicago, Hyde Park.                     Decatur, IL 62523
Pillars Midway Center Arab American      ywcachicago.org/harris.htm              Counties Served: Dewitt, Macon,
Services                                                                         Moultrie, Piatt, Shelby
888-293-2080                             YWCA of Metropolitan Chicago -          www.growingstrongcenter.org
4033 W. 63rd St.                         Lawndale
Chicago, IL 60629                        888-293-2080                            Elgin
Counties Served: Chicago communities     3333 W. Arthington, #150                Community Crisis Center
of Ashburn, Chicago Lawn, Clearing,      Chicago, IL 60624                       847-697-2380
Gage Park, Garfield Ridge, West Eldson   Counties Served: Chicago                P.O. Box 1390
and West Lawn.                           neighborhoods of Lawndale, Garfield,    Elgin, IL 60121
                                         Park, Douglas Park and UIC.             Counties Served: Kane (northern half),
RVA-Cook County Hospital Satellite       ywcachicago.org/lawndale.htm            Cook (northwest collar townships),
888-293-2080                                                                     Dekalb, DuPage, McHenry
1901 W. Harrison, Ste. 419               YWCA of Metropolitan Chicago - Logan    www.crisiscenter.org
Chicago, IL 60612                        Square
                                         888-293-2080
Rape Victim Advocates (RVA)              3853 W. Fullerton, 2nd Fl.
888-293-2080                             Chicago, IL 60647
228 S. Wabash Ave., Ste. 240             Counties Served: Chicago
Chicago, IL 60604                        neighborhoods of Logan Square, Wicker
Counties Served: Cook                    Park and Humboldt Park.
www.rapevictimadvocates.org              ywcachicago.org/logansq.htm


                                                         — 21 —
Galena                                   Kankakee                               Quincy
Riverview Center Inc.                    Kankakee County Center Against         Pike County Satellite Office
888-707-8155                             Sexual Assault                         800-369-2287
705 S. Dodge                             815-932-3322                           941 W. Washington
Galena, IL 61036                         1440 W. Court St.                      Pittsfield, IL 62363-1355
Counties Served: Carroll, Dubuque        Kankakee, IL 60901
(Iowa), Jo Daviess,                      Counties Served: Iroquois, Kankakee    Quanada Sexual Assault Program
www.riverviewcenter.org                  www.kc-casa.org                        800-369-2287
                                                                                521 State, Ste. B
Riverview Center Inc. Carroll County     Macomb                                 Quincy, IL 62301
Sat.                                     WIRC-CAA Victim Services               Counties Served: Adams, Brown,
877-273-7772                             309-837-5555                           Hancock, Pike, Schuyler
9317 IL Route 84, Unit A                 P.O. Box 157                           www.quanada.org
Savanna, IL 61074                        Macomb, IL 61455
ed@riverviewcenter.org                   Counties Served: Hancock, Henderson,   Rockford
                                         Knox, McDonough, Warren                Rockford Sexual Assault Counseling, Inc.
Riverview Center, Inc., Dubuque County                                          815-636-9811
Sat.                                     McHenry                                4990 E. State St.
888-557-0310                             Pioneer Center/VOICE                   Rockford, IL 61108
2600 Dodge St., Ste. D4                  800-892-8900                           exdrrsac23@aol.com
Dubuque, IA 52001                        4001 Dayton St.                        Counties Served: Boone, Dekalb,
                                         McHenry, IL 60050                      McHenry, Ogle, Stephenson,
Glen Ellyn                               Counties Served: McHenry               Winnebago,
YWCA West Suburban Center                pioneercenter.org                      www.comportone.com/RSAC/home.htm
630-971-3927
739 Roosevelt Rd., Ste. 8-210            Peoria                                 Rockford Sexual Assault Counseling,
Glen Ellyn, IL 60137                     Center for the Prevention of           Inc.
Counties Served: DuPage                  Abuse/InnerStrength                    815-636-9811
www.ywcachicago.org                      800-559-SAFE                           303 Andrews Dr., Ste. 304
                                         P.O. Box 3855                          Belvidere, IL 61008
Gurnee                                   Peoria, IL 61612
Lake County Council Against Sexual       Counties Served: Peoria, Tazewell,     Rockford Sexual Assault Counseling,
Assault                                  Woodford                               Inc.
847-872-7799                                                                    815-636-9811
4275 Old Grand Ave.                      Princeton                              1201 S. 7th St., #109
Gurnee, IL 60031                         Freedom House                          Rochelle, IL 61068
Counties Served: Lake, McHenry,          800-474-6031
Northern Cook                            440 Elm Place                          Springfield
www.lacasagurnee.org                     Princeton, IL 61356                    Prairie Center Against Sexual Assault
                                         Counties Served: Bureau, Henry,        217-753-8081
Joliet                                   Marshall, Putnam, Stark                3 West Old State Capitol
Sexual Assault Service Center                                                   Springfield, IL 62701
815-730-8984                             Quad Cities                            Counties Served: Cass, Christian, Green,
1550 Plainfield Rd.                      Quad Cities Rape/Sexual Assault        Logan, Macoupin, Mason, Menard,
Joliet, IL 60435                         Counseling Program                     Montgomery, Morgan, Sangamon, Scott
Counties Served: Kendall, Grundy, Will   309-797-1777                           www.prairiecasa.org
www.guardianangelhome.org                1521 47th Ave.
                                         Moline, IL 61265                       Prairie Center Against Sexual Assault
                                         Counties Served: Rock Island, Henry,   217-753-8081
                                         Mercer                                 2001 W. Lafayette Ave.
                                                                                Jacksonville, IL 62650
                                                                                www.prairiecasa.org



                                                         — 22 —
Sterling                               Pillars Community Services` CARE           A Woman's Fund, Inc. Rape Crisis
YWCA of the Sauk Valley                Center                                     Services
815-626-7277                           708-482-9600                               217-355-5203
412 1st Ave.                           6915 Cermak Rd.                            237 N. Garrard St.
Sterling, IL 61081                     Berwyn, IL 60402                           Rantoul, IL 61866
Counties Served: Lee, Whiteside        Counties Served: West Suburban
                                       communities of Berwyn, Broadview,          Vandalia
YWCA of the Sauk Valley                Cicero, Forest Park, Hillside, Maywood,    Sexual Assault & Family Emergencies
815-288-1011                           Oak Park, River Forest and Westchester.    800-625-1414
115 W. 1st St., Ste. 200                                                          1410 Sunset Dr., Ste. G
Dixon, IL 61021                        The Pillars Community Services             Vandalia, IL 62471
                                       708-482-9600                               safe@safecrisiscenter.org
Streator                               8020 W. 87th St.                           Counties Served: Bond, Clay, Clinton,
ADV & SAS                              Hickory Hills, IL 60457                    Effingham, Fayette, Marion,
800-892-3375                           Counties Served: Lyons Township            Washington
P.O. Box 593                                                                      www.safecrisiscenter.org
Streator, IL 61364                     YWCA South Suburban Center
Counties Served: LaSalle, Livingston   708-748-5672                               Sexual Assault & Family Emergencies
                                       320 W. 202nd St.                           800-625-1414
ADV & SAS                              Chicago Heights, IL 60411                  730 E. 2nd St.
800-892-3375                           Areas Served: Chicago city limits to the   P.O. Box 225
110 W. Water St.                       north, to Indiana on the east, the Des     Centralia, IL 62801
Pontiac, IL 61764                      Plaines River to the west, and boundary
                                       between Cook and Will Counties.            Sexual Assault & Family Emergencies
ADV & SAS                                                                         800-625-1414
800-892-3375                           Urbana/Champaign                           P.O. Box 1641
815 N. Orlando Smith Ave., Rm. C-212   A Woman's Fund, Inc. Rape Crisis           Effingham, IL 62401
Oglesby, IL 61348                      Services
                                       217-355-5203
ADV & SAS                              310 W. Church St.
800-892-3375                           Champaign, IL 61820
106 W. LaFayette St.                   Counties Served: Champaign, Douglas,
Ottawa, IL 61350                       Ford, Piatt

Suburban Cook                          A Woman's Fund, Inc. Rape Crisis
Northwest CASA                         Services
888-802-8890                           217-355-5203
415 W. Golf Rd., Ste. 47               204 W. Washington, 2nd Fl.
Arlington Heights, IL 60005            Monticello, IL 61856
Counties Served: Suburban Cook
(North, NW Suburbs), McHenry




                                                       — 23 —
               Chapter 4 — Illinois Coalition Against Domestic Violence
The Illinois Coalition Against Domestic Violence (ICADV). ICADV is a non-profit corporation governed by a Board of Directors
comprised of delegates from voting member domestic violence programs. ICADV was formed to develop, coordinate and
expand efforts to provide services to victims of domestic violence. It advocates for changes in the civil and criminal justice
systems to allow for more protection for battered women and their children and to hold perpetrators accountable for their
actions.

ICADV has more than 50 member programs in Illinois who served more than 47,000 adults (95% women) and 10,000
children in fiscal year 2005. Services include a 24-hour hotline, emergency shelter, court advocacy, and individual and
group counseling. Domestic violence programs also provided public education to more than 111,000 persons, and
professional training to more than 35,000 persons from the medical, criminal justice and various social services fields. More
than 193,000 calls were made to domestic violence hotlines across Illinois.

Definition of Domestic Violence
“A pattern of coercive control that one person exercises over another.” Domestic violence is not limited to physical violence,
but also includes verbal abuse, emotional abuse and economic abuse. It can be progressive social isolation, deprivation and
intimidation. Domestic violence is a power game; its purpose is for the abuser to control the victim in whatever form(s) it
takes.

About 95 percent to 97 percent of the domestic violence cases have women as the victims and men as the perpetrators.
For the purposes of this publication, male pronouns are used to refer to the perpetrators and female pronouns are used to
refer to the victims of domestic violence.

Confidentiality
Confidentiality is a critical component when providing any type of services to victims of domestic violence. A victim's trust,
willingness to reach out for assistance, safety and self-determination hinges on strict adherence to confidentiality. A victim
will not reach out for assistance if she feels her request will be discussed with others. Any agency providing information
and referrals to victims of domestic violence should have guidelines in place concerning professional ethics and boundaries
with regard to confidentiality.

Types of Domestic Abuse
Physical Abuse — pushing, punching, choking, burning, shooting, dragging, restraining, locking in the house, throwing down
stairs, kicking, poking, slapping, cutting, tripping, raping, holding down, hair pulling, squeezing, suffocating, kidnapping, etc.

Verbal Abuse — name calling, yelling, making demeaning comments, nagging, cussing, threatening, belittling, constant
phone calls, actively undermining her authority with children, telling her that she is a bad parent, telling her she can't
control her kids, setting her up so that he can humiliate her in public or in front of family and friends.

Sexual Abuse — making degrading sexual comments, forcing sex, assaulting breasts or genitals, forcing a partner to have
sex with a third person, criticizing appearance, bragging about infidelity, forced cohabitation.

Emotional Abuse — making threats of violence, forcing her to do degrading things, controlling her activities, frightening
her or using her children or grandchildren as leverage against her, killing a family pet, creating crisis, embarrassment,
threatening to tell others about sexuality in the case of gays/lesbians.

Financial (Economic) Abuse — destroying property, prized possessions, relatives' property; taking her money; denying her
money; restricting access to household finances and withholding medical treatment; not allowing her to work or attend
school; forcing her to work.

Neglect — omitting or failing to do what a reasonable person should do under the circumstances, including failure to
provide food, shelter, clothing and personal hygiene to a dependent person who needs such assistance; failure to take care
of the needs of the dependent person; and failure to protect the dependent person from health and safety hazards.

                                                             — 24 —
Verbal Abuse and Controlling Behavior — Verbal abuse and controlling behavior occur early in a relationship and continue
throughout as it increases in severity. Victims often report that this type of abuse is more difficult to heal from than the
physical injuries because the abuse is such a betrayal of trust and injurious to self-esteem. Its purpose is to undermine the
victim's independence, make her feel bad about herself, and get her to take the responsibility for whatever is wrong.
Controlling behavior can begin with dating relationships and continue for a long period of time. It is initially interpreted as
love by both the abuser and victim. These behaviors include jealousy, mistrust, obsession, isolation and sabatoge of the
victim.

Cycle of Violence
Phase 1 — Buildup or Escalation
The buildup or escalation phase is when the batterer is building up his stress and tension. Arguments are unresolved.
Resentments are saved and built up. Problems are not dealt with. Feelings are kept in and turned into anger, or the abuser
may become increasingly more controlling or cruel without exhibiting anger. Many batterers increase their alcohol/drug use
and try to avoid conflict. This is when the cues start to occur. This phase can be of a long or a short duration. The higher
the stress and buildup, the harder it is to take time out and avoid abusive behavior.

The woman tries to calm the man by becoming nurturing and compliant, either anticipating his every want or staying out of
his way. She accepts his abusiveness as legitimately directed toward her, and she believes she can prevent his anger from
escalating. She becomes his accomplice by accepting some of the responsibility for his abusive behavior by:
■ not permitting herself to get angry with the batterer.
■ using her psychological defense of denying her own anger at being unjustly hurt both psychologically or physically.
■ minimizing the isolated violent incidents.
■ denying her terror of the inevitable battering.

She believes she has control over his behavior. As the tension builds, it becomes more difficult to make the coping
techniques work, so she withdraws or blows up at him. As she withdraws or escalates herself under the stress, he looks for
an expression of her anger and the tension continues to escalate.

Phase 2 — Acute Battering
This phase begins when the abusive or violent behavior occurs, characterized by the purposeful discharge of tensions. This
includes all abuse, whether “minor” or “severe.” The batterer tries to control the situation with his abuse and generally
justifies his behavior. He thinks he has a lack of predictability and lack of control. The abuse may get worse if the batterer
finds it hard to keep control of the situation and/or partner. If she resists, the batterer may become more violent.
Sometimes the woman will provoke the batterer because she can no longer tolerate the overwhelming stress and fear. She
doesn't feel the pain as much as she feels psychologically trapped and unable to flee. She often minimizes her injuries.
After the incident she may feel listless, depressed and helpless. She often tends to isolate herself for 24 hours to several
days before getting help.

Phase 3 — Sorrowful or Conditional Remorse
The period following the abuse has been called the honeymoon or sorrow phase. This phase is often characterized by an
unusual calm. The batterer may feel physically relieved and be sorry or shameful. He tries to make it up to her by behaving
in a constantly charming and loving manner. Gifts and promises of better behavior are common. He often apologizes, begs
her forgiveness, and tries to be affectionate. He promises never to do it again and believes he can control himself from
now on. If she has left, he pleads to get her back, often enlisting family and friends. He promises anything, even going for
couples counseling or to a treatment program for batterers.

His reasonableness supports her belief he can change. She gets a glimpse of her original attraction to him and identifies
the good strong man she loves. She will do anything to patch things up, and he reminds her that he needs her and may
commit suicide if she doesn't come back. This is where symbiotic bonding takes hold. She is not getting all the rewards of
being married and is bought off as an accomplice to her battering, which adds to her self-hatred and embarrassment.

This phase gets shorter after several incidents. The apologies and promises become worthless. The abuser begins to blame
his partner more and more. For some women, this phase ceases to exist. For others, there never is a sorrow/de-escalation
stage; instead, they endure an endless cycle of violent incidents without any acknowledgment of wrongdoing.

                                                            — 25 —
Characteristics of Batterers and Victims
Batterers — Batterers are found in all socio-economic levels, all educational, racial and age groups. The batterer is
characterized by poor impulse control, explosive temper and limited tolerance of frustration. Veiled symptoms of character
logic dysfunction; sophistication of symptoms and success at masking dysfunction vary with level of social and educational
sophistication. Emotional dependency subject to secret depressions known only to family. Limited capacity for delayed
reinforcement, very “now” oriented. Insatiable ego needs has quality of child-like narcissism (not generally detectable to
people outside the family group.) Low self-esteem, perceived unachieved ideals and goals for self, disappointment in career
even if successful by others’ standards. Qualities that suggest great potential for change and improvement (i.e., “promises
for the future”).

Batterers tend to minimize and deny their violent behavior due to the embarrassment, guilt and shame they feel. They also
do this because it is in their best interest to do so. They deny it so they do not have to face the criminal charges for the
battering. Batterers also tend to blame others, especially the woman that they are abusing, for their violent behaviors. He
shows this blame by saying things like, “If only she would have dinner ready, I would not have had to hit her” or “She knows
not to push me too far when I am in a bad mood. She should have backed off and I would not have had to hit her.”

Men who batter usually depend on the woman they are battering for the sole source of love and support. They expect the
woman to have only him in her life. Consequently, they isolate the woman from her family and friends. This isolation may
help her to avoid further violent attacks. He also is very jealous. He sees outsiders as intruders. He thinks that these
“intruders” are here to take her away from him. He is suspicious and paranoid that she is unfaithful to him with any other
man she speaks to and the women that she speaks to also.

Battered Mates — Battered mates are found in all socio-economic levels, all educational, racial and age groups. The
battered mate is characterized by long-suffering, martyr-like endurance of frustration. Blatant depressive and/or hysterical
symptoms, stress disordered and psychosomatic complaints. Economic and emotional dependency, subject to depression,
high risk for secret drugs and alcohol, and home accidents. Unlimited patience for discovery of “magic combination to solve
problems; can “travel miles” on tiny bits of reinforcements. Unsure of own ego needs, defines self in terms of family, job,
etc. Low self-esteem; continued faith and hope battering mate will get “lucky break.” Unrealistic hope that change is
eminent; belief in “promises.” Gradually increasing social isolation, including loss of contact with own family. Can never
convince partner of loyalty, futility. Guards against accusations of “seductive” behavior toward other men. Common
characteristics include:
■ Low Self-Esteem — Battered women typically underestimate their abilities. The batterer repeatedly tells her she is
   incompetent and unable to function on her own. Because women often define themselves by their success or failure as
   a partner or mother, when things are not going well at home, even if they are successful on the job or in other areas of
   their lives, their self-esteem is adversely affected. A battered woman assumes responsibility for her mate's behavior.
   Society's belief is that he would change if only she would change (i.e., if she could stop making mistakes and do things
   right; if she would only close her mouth, etc., his behavior would improve.)
■ Traditional Beliefs — Typically, whether a battered woman feels that a woman's role in a relationship is to nurture the
   man, maintain the household and take care of the relationship, his violence soon shows her that these traditional modes
   of behavior keep her safer than more “liberated” forms of behavior. She may continue her job out of economic necessity
   and/or because she loves it. It may be the only respite from her husband's constant monitoring of her behavior; however,
   she may feel guilty about her choice. Conversely, she may give her job up either willingly or unwillingly, hoping that
   giving up the job will give her partner some security and he will then be happy. Frequently, this creates real economic
   hardship on the family, adding further stress. Some battered women turn their paycheck over to their partner, who takes
   over decisions about how family income is spent. Although the woman may be holding the entire family together
   emotionally and perhaps even financially, nevertheless, the man is still seen as the head of the house.
■ Stress Reactions/Psychological and Physiological Problems — Battered women often suffer from a variety of minor
   ailments such as fatigue, restlessness, sleep problems (disruption, inability to sleep) and headaches. They also may
   complain of depression and anxiety and are generally suspicious and secretive. Suspiciousness resulting in secretiveness
   is usually well-founded; these behaviors help battered women cope with violence by increasing their perception of
   control over their lives and the batterer, avoiding some beatings and obtaining a few moments of privacy from their
   excessively intrusive men. The manipulative behavior that results does help protect many battered women from more
   serious injury.


                                                          — 26 —
■ Minimizes Violence — Battered women tend to minimize and deny the amount and intensity of the violence directed
  against them. The human mind can only take a certain amount of trauma; when pushed beyond the limits, memories of
  repeated trauma may be repressed and forgotten. Denial, the psychological defense mechanism that refused to believe
  that the unbelievable really has occurred, also is used by battered women as an unconscious protection. Together with
  minimizing the seriousness and danger of the abuse, these avoidance defenses protect the battered woman by reducing
  her constant fear level.
■ Believes She Deserves the Punishment She Receives — Women are socialized to believe that it is their responsibility to
  keep their men happy and their relationships together. Battered women begin to believe that it is their fault that they
  cannot “fix” whatever is wrong with the batterer. Each time they feel the injustice of their situation, or do something he
  thinks is wrong, they feel more guilty. They want to improve and sometimes even believe the batterer when he says that
  what he is doing is really discipline — teaching her a lesson. Women whose parents said those same words when they
  were disciplining her are more likely to adopt the batterer's beliefs.

Children — Children of domestic violence are found in all socio-economic levels, educational, racial and age groups.
Children in battering homes exhibit a combination of limited tolerance, poor impulse control and long-suffering, martyr-like
behavior. Depression, much stress and psychosomatizing, absence from school, hidden symptoms of characterological
symptoms of dysfunction. Economic and emotional dependency, high-risk for alcohol and drug use/abuse, sexual acting out,
running away, isolation, loneliness and fear. Combination of poor impulse control and continual hopefulness that situation
will improve. Very shaky definition of self-grappling with childlike responses of parents for modeling, poor definition of self,
low self-esteem, mixture of hope/depression that there is no way out. Peer group can be most important contact if
available. Increased social isolation and peer isolation. Exhibits bargaining behavior with parents; gets into proving self as
does mother.

Why She Stays
Battered women do not stay in relationships longer than other women. More women are able to terminate battering
relationships sooner with the assistance of programs for battered women. Increasingly, women do not stay. Even in cases
where it appears they stay, or leave only to return time and time again, they are usually preparing to leave. In fact, women
leave an average of five to seven times before they change their living arrangements. Because of the nature and intensity
of the batterer's violence and threats, the battered woman leaves in stages, testing the environment to see if she and her
children can safely escape and survive together.

Social Isolation
A major factor keeping battered women in violent relationships is social isolation.
■ Often he has become her only psychological and emotional support system after having systematically destroyed her
  other friendships. Friends and family feel uncomfortable around his intimidation, hostility or violence, and withdraw from
  spending much time with either of them.
■ This isolation supports her perception of his omnipotence. She has no one else (except perhaps the children) to validate
  her feelings and her perception of reality.
■ Neither the woman nor the batterer may know there are domestic violence services to help them (if there are services).
  Where services exist, many people would never ask for help from “social services,” “charity” or the “government” because
  “what happens in the family stays in the family.”
■ Services providers, including health care providers, often do not seek accurate information about injuries. When
  presented with an unbelievable story about the injury, many just let the matter drop.
■ She may leave him several times before she leaves for good. Relatives become tired of helping her only to see her return
  to the batterer, and they become increasingly unwilling to be resources upon which she can rely. They also may be afraid
  of him or also may be in a state of denial. They may blame her for his violence and tell her she is a bad mother if she
  does not protect the children. Since this feeds into what she already knows but cannot act on, it only raises the battered
  woman’s level of guilt.
■ He often threatens to kill her, the children and anyone else she involves if she leaves him. In response, she usually cuts
  off communication with potential helpers. In her mind, she would rather take the beatings than “cause” others to be
  hurt.
■ Having no one to talk to, people in abusive relationships rarely see themselves as battered women or batterers. The
  couple may realize they have problems, but may not identify the battering as being the main problem. Often, batterers
  and their mates identify the “real problem” as his drinking, or more commonly, something she is doing.
                                                            — 27 —
Economic Dependence
Economic dependence is a powerful force that keeps many women in battering relationships:
■ In the battered woman's eyes, it may be worth putting up with abuse to maintain economic security for herself and the
   children. If he has a stable income, this could be one of the benefits of the relationship.
■ Economic conditions today afford a battered woman with children few viable options. She often has no or low-level
   marketable skills. Government assistance is very limited and many women know that welfare is an option affording little
   hope for the future. Even when she does have marketable skills, a woman still earns about 60 cents for every dollar
   earned by a male. Not only will she earn less if she leaves the batterer, she will have to maintain a separate household
   for her children and herself (batterers rarely pay child support). In addition, in the vast majority of cases, he will use
   every opportunity to bring her into court over and over again, thus causing her to incur legal fees or lose the children,
   the house, car or anything else she values. If children need special attention (physical or behavioral) she is rarely able to
   provide funds for these needs on her own.
■ The batterer may control the couple's money. She may have no access to cash, credit cards, checks or important
   documents, or even if she has access, she must account for every penny spent. Even women who have their own money
   separate from the batterer's may have restricted access to it.
■ If the battered woman has a disability or other problem that will require long-term medical intervention, he may have
   the only health insurance from which medical bills are paid. She may fear inability to take care of the children,
   bankruptcy, institutionalization or death if she does not stay with him.
■ An elderly woman may rely on his pension and other retirement funds. She may fear that he will cut her off and she will
   live in poverty, become homeless, be institutionalized or die.




                                                            — 28 —
    Law Enforcement Guide to Enforcing Orders of Protection Nationwide
Full Faith and Credit — In 1994, Congress enacted the Violence Against Women Act (VAWA), directing jurisdictions1 to give
full faith and credit to valid orders of protection issued by other jurisdictions (18 U.S.C. § 2265). Full faith and credit
requires that valid orders of protection be enforced to protect victims of domestic violence wherever a violation of an order
occurs, regardless of where the order was issued.

Abused persons who are granted orders of protection may now call upon law enforcement to protect them and to take all
appropriate action against abusers nationwide. The abuser is bound by the terms and conditions of the order of protection
and may be arrested2 and charged with violating the order and committing other substantive crimes wherever the abuser
violates a valid order. It does not make any difference where the order was granted. The abuser must be arrested for a
violation of an order of protection if the law of the jurisdiction where the violation occurred requires an arrest.

If an order of protection is valid in the issuing jurisdiction, it must be enforced in every other jurisdiction. Some jurisdictions
grant orders:
■ to victims who might not be eligible for orders in the enforcing jurisdiction.
■ for periods of time longer than authorized in the enforcing jurisdiction.
■ containing directives against abusers that might not be available in the enforcing jurisdiction.

A responding officer MUST ENFORCE the terms and conditions of the order as written. Officers are not required to know the
laws of the issuing jurisdiction in order to enforce orders of protection. Officers in the enforcing jurisdiction must comply
with all laws, policies and procedures of their own jurisdiction concerning violation of orders of protection, such as
mandatory arrest and victim notification, if applicable.

When victims of domestic violence leave their homes, they and their children are at an increased risk of violence. Abusers
who cross jurisdictions in pursuit of victims may be engaged in stalking, which is a significant risk indicator of life-
threatening violence.

The mandate to give full faith and credit to valid orders of protection nationwide confronts law enforcement with new
challenges, including the possibility of liability for failure to enforce orders of protection from other jurisdictions. Many
jurisdictions have laws that provide officers with statutory immunity from liability when an officer takes reasonable action
to protect a victim in a domestic violence case. Failure to enforce a valid order of protection based on the fact that it was
issued in another jurisdiction may leave officers and departments vulnerable to liability.

Reducing the Risk of Liability:
■ Understand the laws of the enforcing jurisdiction related to liability.
■ Respond in a timely fashion.
■ Investigate thoroughly.
■ Follow arrest laws of enforcing jurisdiction.
■ Offer assistance and referrals to victim.
■ Complete detailed incident reports.
■ Charge appropriately.
■ Follow up for victim protection.
■ Train all law enforcement personnel.
■ Supervise carefully to ensure victim safety.
■ Confiscate proscribed weapons.

Full Faith and Credit Orders of Protection Issuing Jurisdiction Determines:
■ Whether an order of protection should be issued.
■ Who is to be protected.
■ Terms and conditions of the order.
■ Duration of the order.


                                                              — 29 —
— 30 —
Enforcing Jurisdiction Determines:
■ How the order is enforced.
■ Arrest authority of responding officer.
■ Detention and notification procedures.
■ Crimes charged for violation of an order.

Orders of Protection — Under VAWA, a protection order is defined as “any injunction or other order issued for the purpose
of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to,
another person.” The federal Full Faith and Credit provision applies to both criminal and civil orders of protection. Orders
may vary in form, content, length, layout and names (i.e., stay away, restraining, criminal, and emergency or temporary
protection order).

In some jurisdictions, a certification form is affixed to the order of protection verifying that it is a valid order of the court.
However, under federal law, a certification form is not required for the order of protection to be enforced. Nor is there any
requirement that the order or the signature of the issuing authority be original or that there be a raised seal or stamp of
the court on the document. Additionally, there is no requirement in federal law that a victim must register the order of
protection in the enforcing jurisdiction before that jurisdiction enforces the order. Any order of protection should be
presumed valid if all of the following apply:
■ The order gives the names of the parties.
■ The order contains the date the order was issued, which is prior to the date when enforcement is sought.
■ If the order has an expiration date, the date of expiration has not occurred.
■ The order specifies terms and conditions against the abuser.
■ The order contains the name of the issuing court.
■ The order is signed by or on behalf of a judicial officer.

Determining Terms and Conditions of an Order of Protection — After providing for victim and officer safety, it is
essential that the officer read the order in its entirety. An order may state something in one paragraph and specify
exceptions in another. For example, an order may state that the abuser is to have "no contact" with a victim in one
paragraph, and then in another state that contact may occur to arrange for visitation with the children. In this case, if the
abuser contacted the victim for any reason other than to arrange for visitation, the order was violated.

Verifying Terms and Conditions of an Order of Protection — Although verification is not required under federal law, it
may be required by the enforcing jurisdiction under certain circumstances (e.g., the victim does not have a copy of the
order). Verification may be accomplished by any one of the following methods:
■ Confirm the elements of an order in the NCIC Protection Order File.
■ Review the elements of an order in state or local registries of protection orders in the issuing jurisdiction.
■ Confirm the elements by communication with the issuing court.
■ Review the elements of an order if previously filed with designated authorities in the enforcing jurisdiction.
■ Draw upon personal knowledge of the officer.

Evaluating Enforceability of an Order of Protection — An order of protection issued in another jurisdiction is enforceable
when the order appears to be valid and there is probable cause to believe that a violation of the order occurred in the
enforcing jurisdiction. Where enforcement requirements have not been met, the officer in the enforcing jurisdiction may not
be able to arrest specifically for a violation of the order. However, other potentially chargeable offenses may have occurred.
The officer should make a warrantless arrest or seek an arrest warrant related to the criminal conduct based on the
enforcing jurisdiction's law.

Mutual Orders of Protection — Sometimes an order of protection will contain a mutual "no contact" provision, or it will
direct both parties not to abuse each other. The Full Faith and Credit provision requires special safeguards for inter-
jurisdictional enforcement of this type of protection order. Basically, it states that an order should be enforced against the
respondent (person against whom the order was issued) and not the petitioner, unless the issuing court made a specific
finding that each party had abused the other. If such findings were made, the order may be enforced against both parties.



                                                              — 31 —
Firearms Seizure/Removal — Federal law prohibits an abuser subject to a qualifying order of protection from possessing
firearms and ammunition (18 U.S.C. 922 § (g)(8)). When an officer determines that a valid order of protection has been
issued against an abuser, the officer must enforce the firearms prohibition. Seizing weapons subject to this prohibition, if
allowed under state law, is essential to victim and community safety. Officers also should be knowledgeable about their own
jurisdiction's law authorizing or precluding possession or transfer of weapons to third parties by a person subject to an
order of protection.

Summary of Federal Crimes of Domestic Violence
Officers must be familiar with federal laws pertaining to domestic violence in order to assess whether federal crimes have
been committed.3
■ Interstate Travel to Commit Domestic Violence (1 8 U.S.C. § 226) — It is a federal crime for a person to travel
   interstate, or leave or enter Indian country with the intent to injure, harass or intimidate an intimate partner when in the
   course of or as a result of the travel the abuser commits a violent crime that causes bodily injury. The abuser must intend
   to commit the domestic violence at the time of travel. The definition of partner is broad and basically includes a person
   with whom the abuser has cohabitated in an intimate relationship (including a current or former spouse), or a person
   who has a child in common with the abuser. It also is a federal crime to cause an intimate partner to cross state lines, or
   leave or enter Indian country by force, coercion, duress or fraud if the abuser intentionally inflicts bodily injury to the
   partner during or as a result of the conduct.
■ Interstate Stalking (1 8 U.S.C. § 2261A) — It is a federal crime to cross a state line with the intent to injure or
   harass any person if, during the course of or as a result of the travel, the traveler places the person or a member of the
   person's immediate family in reasonable fear of death or serious bodily injury. The definition of immediate family is broad
   and includes a spouse, parent, child, sibling and all household members related to the primary victim by blood or
   marriage.
■ Interstate Violation of an Order of Protection (1 8 U.S.C. § 2262) — This law basically prohibits interstate
   travel or leaving or entering Indian country with the intent to violate a valid protection order that forbids credible
   threats of violence, repeated harassment or bodily injury. The abuser must intend to violate the order at the time of
   travel, and a violation of the order must occur. It also is a federal crime to cause an intimate partner to cross state lines,
   or to leave or enter Indian country by force, coercion, duress or fraud if during or as a result of the conduct the abuser
   intentionally inflicts bodily injury to the victim in violation of a valid protection order.

Enforcing Orders of Protection
Federal law requires that all valid orders of protection granted by a court of any jurisdiction be recognized and enforced as
if they were issued by a court where the violation occurred. A responding officer must enforce the terms and conditions of
the order as written by the issuing jurisdiction. The order of protection is presumed valid if it has the correct names of the
parties, has not expired, and is signed by an issuing authority. It should be enforced pursuant to departmental policy and
the laws of the enforcing jurisdiction.

Determining Lethality
■ Threats of homicide/suicide
■ History of domestic violence and violent criminal conduct
■ Stalking
■ Depression or other mental illness
■ Obsessive attachment to victim
■ Separation of parties
■ Drug/alcohol involvement
■ Possession or access to weapons
■ Abuse of pets
■ Destruction of victim's property
■ Access to victim and victim's family and other supporters

■ Immediate Action — If the named respondent committed an offense under the criminal laws in the officer's jurisdiction
  and/or violated the court order, the officer should arrest respondent pursuant to the enforcing jurisdiction's law and
  departmental policy and initiate a criminal complaint against respondent for the crime(s) committed and for violation of
  the order.
                                                            — 32 —
■ Referral Actions and Safety Strategies — Refer victims to the local domestic violence program or the National
  Domestic Violence Hotline: 800-799-SAFE, 800-787-3224 (TTY). Inform citizens about the Crime Victim’s Compensation
  Program and provide an application. Address transportation and housing needs of victims by making appropriate referrals
  to community services. Refer victim to the appropriate court or victim advocacy agency to obtain assistance in enforcing
  the economic provisions of an order, such as child support enforcement. Assist victims in strategically planning for their
  safety. Notify victims of their legal rights in the enforcing jurisdiction.

Technical Assistance
Technical assistance is available to law enforcement and victims of domestic violence to answer specific questions and to
facilitate effective enforcement.

Assistance to Victims of Domestic Violence
National Domestic Violence Hotline: 800-799-SAFE, 800-787-3224 (TTY), 24 hours/day, for referral to state and local
programs)

Full Faith and Credit
■ International Association of Chiefs of Police: 800-The-IACP
■ Full Faith and Credit Project: 800-256-5883
■ Battered Women's Justice Project: 800-903-0111, ext. 2

Tribal Legal Issues
■ Sacred Circle: 877-787-3244
■ Mending the Sacred Hoop: 888-305-1650
■ American Indian Law Center: 505-277-5462
■ Northern Plains Tribal Judicial Institute: 701-777-6176

Footnotes
1. The term "jurisdiction" is used to refer to a state, the District of Columbia, a commonwealth, territory, or possession of
   the United States, and to Indian tribes.
2. For tribal law enforcement technical assistance regarding arrest, contact Sacred Circle.
3. Legislation is being considered that may change some of the laws. Contact the U.S. attorney in your jurisdiction for an
   update. Federal law defines State to include: a State of the United States, the District of
   Columbia, a commonwealth, territory, or possession of the United States.




                                                            — 37 —
Printed by authority of the State of Illinois. July 2006 — 5M — CC 94.1

								
To top