Can I drop domestic battery charges in Illinois?

No. In Illinois, domestic battery charges are prosecuted by the State's Attorney — not the victim. Once charges are filed, only the prosecutor can drop them. A victim can choose not to cooperate, but the case may proceed anyway based on other evidence (police reports, photos, 911 recordings).

Does Illinois have mandatory arrest for domestic violence?

Yes. Under 750 ILCS 60/304, Illinois police are required to arrest when they have probable cause to believe domestic battery occurred, even if the victim doesn't want an arrest. This is one of the strongest mandatory arrest laws in the country.

Can an order of protection affect child custody?

Yes. An OOP can include temporary custody provisions. Courts take domestic violence seriously in custody determinations — under 750 ILCS 5/602.7, a history of domestic violence is a factor the court must consider when determining the best interests of the child.

What if the abuser owns the home — can they still be removed?

Yes. Under the Illinois Domestic Violence Act (750 ILCS 60/214), a judge can order an abuser to vacate a shared residence even if they own it, as long as the victim has a legal right to occupy the home (married, co-owner, or lease holder).

Does a domestic battery conviction affect gun rights?

Yes. Under federal law (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor domestic battery offense is permanently prohibited from possessing firearms. Illinois law also requires FOID card revocation upon conviction.

Is strangulation treated differently than other domestic battery?

Yes. Illinois law (720 ILCS 5/12-3.3) treats strangulation as Aggravated Domestic Battery — a Class 2 Felony — regardless of visible injury. Strangulation is a major predictor of future lethal violence and courts treat it accordingly.

Can I get a free attorney for an order of protection?

Possibly. Illinois Legal Aid Online (illinoislegalaid.org) provides free legal help for low-income victims. Many county courthouses also have DV legal advocates who can assist with OOP paperwork at no cost. Call the IL DV Hotline (1-877-863-6338) to find local free legal services.

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Illinois Legal Guide

Domestic Violence in Illinois

Illinois reports over 100,000 domestic violence calls to police every year. If you or someone you know is affected, this guide covers your legal rights, how to get an order of protection, what charges an abuser faces, and where to find help — across all 102 Illinois counties.

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Domestic Violence in Illinois — By the Numbers

100,000+

DV calls to IL police annually

Domestic violence is the #1 call type for many IL police departments

Source: Illinois State Police

IL DV-related homicides (2023)

Approximately 1 in 3 female homicide victims in IL are killed by intimate partners

Source: Illinois Domestic Violence Fatality Review

47,000+

Orders of protection filed in IL (2023)

Cook County accounts for roughly 40% of all OOP filings statewide

Source: Illinois Courts Annual Report

65,000+

IL DV hotline calls per year

Calls spike 30% in the weeks following major holidays

Source: Illinois Coalition Against Domestic Violence

Avg. times victim leaves before final departure

Safety planning is critical at every stage — not just after leaving

Source: National DV Hotline / ICADV

60+

IL DV programs statewide

Covering all 102 Illinois counties through regional networks

Source: ICADV Member Programs

How to Get an Order of Protection in Illinois

Under the Illinois Domestic Violence Act (750 ILCS 60), any victim of domestic violence, stalking, or harassment can petition for an Order of Protection (OOP) at their county circuit court — for free, without an attorney. Here's the step-by-step process.

File at the Circuit Court Clerk's Office

Go to your county's circuit court clerk and ask for an Emergency Order of Protection (EOP) petition. Forms are free. You do NOT need an attorney to file, though one is strongly recommended.

If the courthouse is closed, call 911 — police can request an emergency OOP from an on-call judge.

Emergency Order Issued (Same Day)

A judge reviews your petition — usually within hours — and can issue an Emergency Order of Protection without the abuser present (ex parte). This order lasts up to 21 days.

The EOP can order the abuser to leave a shared home, stay away from your workplace, and surrender firearms.

Abuser Is Served

Law enforcement serves the abuser with the EOP. The order is NOT enforceable until the abuser is served. Ask the clerk how to confirm service.

Keep a copy of the order on you at all times and give copies to your employer, children's school, and neighbors.

Attend the Full Hearing (Within 21 Days)

Both parties appear before a judge. If the abuser doesn't appear, the court may issue a Plenary Order by default. If you don't appear, the EOP expires.

Bring documentation: photos of injuries, threatening texts/emails, medical records, police reports, and witness names.

Plenary Order of Protection Issued

A Plenary OOP can last up to 2 years and is renewable. It can include no-contact provisions, custody arrangements, financial support, and mandatory counseling for the abuser.

Under 750 ILCS 60/222, violating a Plenary OOP is a criminal offense — call 911 immediately if the abuser violates it.

Important: An OOP is a civil legal remedy. It does not require a criminal conviction. You can get one even if police were never called. Violation of an OOP is a criminal offense under 720 ILCS 5/12-3.4.

Illinois Domestic Violence Laws & Penalties

Illinois has some of the strongest domestic violence statutes in the country. Below are the key charges, their ILCS citations, and the penalties a convicted abuser faces.

Domestic Battery

720 ILCS 5/12-3.2

Class A Misdemeanor

Up to 364 days jail + $2,500 fine

Elevated to Class 4 Felony with prior conviction or if victim is pregnant

Domestic Battery — Aggravated

720 ILCS 5/12-3.3

Class 2 Felony

3–7 years prison + up to $25,000 fine

Applies when great bodily harm, permanent disability, or disfigurement occurs

Violation of Order of Protection

720 ILCS 5/12-3.4

Class A Misdemeanor

Up to 364 days jail + $2,500 fine

2nd violation within 5 years = Class 4 Felony (1–3 years prison)

Stalking

720 ILCS 5/12-7.3

Class 4 Felony

1–3 years prison + up to $25,000 fine

Aggravated stalking (Class 3 Felony) if victim is under 18 or OOP is in place

Cyberstalking

720 ILCS 5/12-7.5

Class 4 Felony

1–3 years prison

Covers electronic monitoring, GPS tracking, and repeated threatening messages

Interference with Reporting DV

720 ILCS 5/12-6.3

Class A Misdemeanor

Up to 364 days jail

Applies when abuser prevents victim from calling 911 or reporting to police

Criminal Sexual Assault (intimate partner)

720 ILCS 5/11-1.20

Class 1 Felony

4–15 years prison (non-probationable)

Marital rape is a crime in Illinois — no spousal exemption

Penalties reflect standard sentencing ranges. Actual sentences depend on criminal history, aggravating factors, and judicial discretion. Consult a licensed Illinois attorney for case-specific advice.

Warning Signs of an Abusive Relationship

Domestic violence rarely starts with physical violence. It typically begins with controlling behaviors that escalate over time. Recognizing these signs early can save lives.

Extreme jealousy or possessiveness

Controlling finances, transportation, or social contacts

Monitoring phone calls, texts, or location

Humiliating or criticizing in front of others

Threatening to harm you, children, or pets

Physical violence — hitting, pushing, choking, restraining

Blaming you for their abusive behavior

Isolating you from family and friends

Threatening to report you to immigration authorities

Destroying property or personal belongings

Safety planning matters at every stage. Whether you're still in the relationship, planning to leave, or have already left — the most dangerous time for a victim is often immediately after leaving. Contact the IL DV Hotline at 1-877-863-6338 for confidential safety planning support.

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Free Consult

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Facing criminal charges in Illinois? An experienced defense attorney can protect your rights and fight for the best outcome.

Reduce or dismiss charges
Challenge evidence and police procedures
Avoid jail time and protect your record

Illinois Domestic Violence Resources

All services below are free and confidential. If you're in immediate danger, call 911. If you need to leave quickly, the IL DV Hotline can connect you to emergency shelter anywhere in the state.

Illinois Domestic Violence Hotline

24/7

Statewide 24/7 crisis line connecting callers to local shelters and services

Statewide

1-877-863-6338 Website

National DV Hotline

24/7

Confidential support, safety planning, and local resource referrals

National

1-800-799-7233 Website

Illinois Coalition Against DV (ICADV)

Business hours

Statewide advocacy organization — find your local member program

Statewide

217-789-2830 Website

Chicago DV Help Line

24/7

Chicago-area crisis intervention, shelter referrals, and legal advocacy

Chicago / Cook County

312-786-0200 Website

Illinois Legal Aid Online

Business hours

Free legal help for OOP petitions, divorce, and custody in DV cases

Statewide

1-800-252-8966 Website

Connections for Abused Women & Children (CAWC)

24/7

Chicago shelter, legal advocacy, and children's services

Chicago

312-726-7020 Website

Crisis Center for South Suburbia

24/7

South suburban Cook County shelter and legal services

South Suburbs

708-429-7233 Website

Mutual Ground (Kane County)

24/7

Kane County DV shelter, counseling, and legal advocacy

Kane County

630-897-8383 Website

Frequently Asked Questions

Common questions about Illinois domestic violence law, orders of protection, and victim rights — answered with specific statute citations.

Related Illinois Legal Tools

Divorce in Illinois

Child support & maintenance calculators, property division rules, and the full IL divorce process

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ICVC Calculator

Estimate Illinois Crime Victims Compensation for DV victims

Arrest Records

Look up arrest records for all 102 IL counties

Legal Disclaimer: This page is for informational purposes only and does not constitute legal advice. Illinois laws change — always verify current statutes at ilga.gov. For advice specific to your situation, consult a licensed Illinois attorney. Last reviewed: June 2026.

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Illinois Domestic Violence Legal Rights Guide

Orders of Protection, Criminal Charges & Victim Resources — 10 pages, PDF