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You the Jury: A
Recovered Memory
Case: Allegations of
Sexual Abuse

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Why Does He Do That: Inside the Minds of Angry and Controlling Men

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How to Stop a Stalker

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The Verbally Abusive
Relationship: How to
Recognize it and How
to Respond

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Ditch That Jerk : Dealing With Men Who Control and Hurt Women

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I Will Survive: The African-American Guide to Healing from Sexual Assault and Abuse

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The Battered Wife: How Christians Confront Family Violence

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But I Love Him:
Protecting Your Teen
Daughter from
Controlling, Abusive
Dating Relationships

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Sexual Assault: Will I
Ever Feel Okay Again?

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The Wounded Heart: Hope for Adult Victims of Childhood Sexual Abuse

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Controlling People: How to Recognize, Understand, and Deal With People Who Try to Control You

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Emotional Blackmail: When the People in Your Life Use Fear, Obligation, and Guilt to Manipulate You

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Illinois Resources

- Illinois Victim Rights
- Victims Economic Security and Safety Act
- Illinois Protection Orders
- Illinois Court Ordered Restitution
- Illinois Victim Compensation Program
- Illinois Anti-Violence License Plates

[Download: Illinois Domestic Violence Act Booklet (PDF)]

Constitution of the State of Illinois
Article I: Bill of Rights
SECTION 8.1. CRIME VICTIM RIGHTS.

(a) Crime victims, as defined by law, shall have the following rights as provided by law:

(1) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

(2) The right to notification of court proceedings.

(3) The right to communicate with the prosecution.

(4) The right to make a statement to the court at sentencing.

(5) The right to information about the conviction, sentence, imprisonment, and release of the accused.

(6) The right to timely disposition of the case following the arrest of the accused.

(7) The right to be reasonably protected from the accused throughout the criminal justice process.

(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that their testimony would be materially affected if the victim hears other testimony at the trial.

(9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person chosen by the victim.

(10) The right to restitution.

(b) The General Assembly may provide by law for the enforcement of this Section.

(c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims rights.

(d) Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction or a ground for appellate relief in any criminal case.

(Source: Amendment adopted at general election November 3, 1992.)

Purposes

The purposes of this Act are:

(1) to promote the State's interest in reducing domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence, and to reduce the devastating economic consequences of domestic or sexual violence to employers and employees;

(2) to address the failure of existing laws to protect the employment rights of employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence, by protecting the civil and economic rights of those employees, and by furthering the equal opportunity of women for economic self-sufficiency and employment free from discrimination;

(3) to accomplish the purposes described in paragraphs (1) and (2) by entitling employed victims of domestic or sexual violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from their employers.

The Victims' Economic Security and Safety Act (VESSA) provides that employers (defined as the State or any agency of the State; any unit of local government or school district; or any person that employs at least 50 employees) may not discharge or discriminate against an employee who is a victim of domestic violence or sexual assault who has a family or household member who is a victim, for taking up to a total of 12 workweeks of leave from work during any 12-month period to address these issues.

This Act prohibits employers from discharging, discriminating, or retaliating against a person taking leave from work as a result of domestic violence or sexual assault to: seek medical attention or counseling for injuries or psychological trauma, obtain victim services, relocate, seek legal assistance or participate in a related court proceeding.

The employer may require the employee to provide certification to the employer. The employer is not required to provide paid leave under this Act, but may not suspend group health plan benefits during the leave period.

What is the Illinois Domestic Violence Act?

The Illinois Domestic Violence Act ("IDVA") Is a law that relates specifically to family and household members. Under IDVA, a circuit court judge can order and forbid a family or household member from continuous abusive behavior by granting and Order of Protection.

What is domestic violence?

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment towards another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

What is an Order of Protection?

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?

The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

How much will an Order of Protection Cost?

It's free. The IDVA states that there are no fees charged for filing and Order of Protection.

How can I file for an Order of Protection?

If you wish to file criminal charges, the State Attorney will represent you. You may start the process with your local police, State Attorney office, at your local court criminal division or with an appropriate advocate group or shelter .

Criminal charges may result in the arrest, conviction and sentencing of the defendant/abuser. If you do NOT wish to press criminal charges, you may still make a police report and seek an Order of Protection in a civil court. A private attorney, law firm or legal assistance agency can represent you. You may choose to represent yourself; this is called pro se. There is no arrest or sentencing with non-criminal cases.

Where can I file for an Order of Protection?

You can file and request a hearing before a circuit court judge in any courthouse. Determination on where to file and request a hearing must be based on court jurisdiction. You can always contact your local police, sheriff, Clerk of Court, or domestic violence program for assistance and information

How long does an Order of Protection last?

Your attorney or court advocate can best answer this question for you. There are three types of Orders of Protection. Each type may be granted for a specific length of time.

1. EMERGENCY ORDER OF PROTECTION: This order can be in effect for a 14 to 21 day period.

2. INTERIM ORDER OF PROTECTION: This order can be effective for up to a period of 30 days.

3. PLENARY ORDER OF PROTECTION: This order can be in effect for a fixed period of time, not to exceed 2 years, unless otherwise provided for by the court. This order can also expire by the occurrence of a specific event



The Victim Services Unit of your local State Attorneys Office assists in the financial reimbursement of victims who have suffered out-of-pocket expenses resulting from a criminal offense.

I have incurred expenses as a result of a crime; can I be reimbursed through the criminal case?

When a crime is committed against an individual and the perpetrator is arrested, prosecuted and found guilty of the crime, the court may order the defendant to pay restitution as a part of his sentence.

What is restitution?

Restitution is a form of reimbursement for victims of criminal cases for actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim(s) as a result of the defendant's criminal conduct. Restitution does not cover any punitive damages.

Who can get court ordered restitution?

Article 5 of the Illinois Compiled Statutes regarding sentencing allows the court to sentence the defendant to pay restitution in all convictions for offenses in violation of the Illinois Criminal Code in which a victim received any injury to their person or damage to their real or personal property as a result of the criminal act.

What do I need to do in order to receive my court ordered restitution?

If you feel you are owed restitution through a criminal case that you are involved with, you must inform the Police Department that assisted you or the State Attorney prior to the cases completion. In order to receive your restitution, keep all copies of any bills, receipts, insurance documentation, and estimates relating to the actual out-of-pocket expenses, losses, damages, and injuries you have incurred as a result of the crime. You may be required to make this information available to the court for review. Please keep the State Attorney informed of any addresses changes that may occur.

Am I guaranteed my restitution?

Unfortunately, restitution is not a guarantee. If a defendant is found not guilty, you may have to pursue restitution through civil litigation. If a defendant is found guilty but refuses to pay restitution or is unable to comply with restitution, the State Attorney will attempt enforcement procedures against the defendant. However, a defendant may be allowed to satisfy restitution through other forms of sentencing options. These sentencing options are at the discretion of the court.

Where can I get information regarding my court ordered restitution?

When a judge sentences a defendant in a criminal case to pay restitution, the restitution will either be ordered payable through the State Attorney or through the Department of Probation. Any questions that you may have relating to restitution should be addressed to one of those offices.

The Crime Victim Compensation Act was established by the Illinois General Assembly in 1973 with the primary goal of helping to reduce the financial burden imposed on victims of violent crime and their families. The Illinois Crime Victim Compensation Program can provide innocent victims and their families with up to $27,000 in financial assistance for expenses accrued as a result of a violent crime.

Who is a crime Victim?

- a person injured in Illinois as a result of a violent crime
- a survivor of a victim who was dependent on the victim for support
- a parent whose child is the victim of a violent crime
- a relative of a victim who incurred funeral and/or medical expenses
- a person under 18 who is the sibling or child of a person killed or injured
- a person who witnessed a violent crime (counseling expenses only)

What violent crimes count?

- Murder (1st and 2nd degree)
- Involuntary Manslaughter
- Reckless Homicide
- Kidnapping and Aggrevated Kidnapping
- Battery and Aggrevated Battery
- Assault and Aggrevated Assault
- Heinous Battery
- Sexual Relations with Families
- Criminal Sexual Assault
- Criminal Sexual Abuse
- Exploitation of a Child
- Stalking
- Domestic Battery
- Reckless Conduct
- Driving Under the Influence
- Arson

What expenses can be covered?

- medical and hospital expenses including prescriptions, doctor visits and dental work

- Funeral and burial up to $5,000

- Counseling by licensed or certified professionals

- Loss of earnings up to $1,000 per month. This is based on your net earnings for the six months prior to the incident. You will be required to show proof of your earnings and injury (like a letter from your doctor and/or counselor). Loss of earnings includes days missed from work to attend court hearings and for doctor and counseling appointments.

- Prosthetic devices

- Wheel chairs and some accessibility expenses (like ramps, hand rails, etc.)

- Eye glasses and hearing aids

- Crime scene cleanup

- Replacement costs for clothing/bedding used as evidence (save your receipts!)

- Replacement costs for locks/windows damaged during the crime (save your receipts!)

- Temporary lodging and relocation costs including moving van rental, moving company fees, storage fees, shipping fees, and security deposits.

- Travel and transport for survivors and transport of the body

How much compensation does the law provide?

Total compensation may not exceed $27,000 per incident/per victim. No compensation is available for lost or damaged property (except as listed) or for pain and suffering. Victims with these types of expenses should contact a private attorney to file a civil case.

In certain instances, applicants may be eligible for an emergency award of up to $2,000 for covered expenses.

Eligibility Information

Applicants for Crime Victim Compensation must first exhaust other reasonable remedies including health insurance, medicare, workers compensation, etc. The crime in question must have been reported to authorities within 72 hours (there are exceptions) and victims must cooperate with authorities working on the case. Applications must be filed within two years from the date of the crime.

Download the Crime Victim Compensation Application (PDF)

Crime Victim Compensation Brochure in other languages: Spanish, Chinese, Korean, Polish.

For more information:

Illinois Attorney General
Crime Victims Compensation Bureau
100 W. Randolph Street, 13th Floor
Chicago, IL 60601
800-228-3368

Illinois Prevent Violence License Plate

The Illinois Violence Prevention Authority (IVPA) is the first state agency of its kind dedicated to violence prevention in the United States. The Illinois Prevent Violence (PV) License Plate raises money to fund statewide anti-violence programs. The purple and white plates, which feature a universal symbol of peace: a soaring dove bearing an olive branch, have raised more than $2 million for violence prevention efforts in Illinois as of September 1998. More than 50,000 Illinois motorists display the plates on their vehicles.

Plates can be obtained through the mail or at any Secretary of State facility during the annual license plate renewal process. New plate holders can indicate their preference for a "PV Plate" on their license plate application form. To order a set of Prevent Violence plates at other times, motor vehicle owners should obtain a Prevent Violence License Plate Request Form from the closest Secretary of State facility. For additional information on the multi-year plates, vehicle owners can call 800/252-8980.