Publications

Articles on Domestic Violence

A Guide to Defending Domestic Violence Cases

By Bradley Alan Fuller
May
2017
Article
Page 30
As the law has gotten tougher on domestic violence, defendants cling to tired myths about these cases. Defense lawyers should act quickly to lower clients' unreasonable expectations and counsel them against self-defeating behavior.

Hearsay allowed in murder trial under domestic violence exception

By Adam W. Lasker
January
2013
LawPulse
Page 10
The Illinois Appellate Court ruled recently that hearsay evidence is admissible in a murder trial under a statutory exception for domestic violence prosecutions.

Domestic Violence Fund extended to civil unions. PA 097-0004

August
2011
Illinois Law Update
Page 388
The State Finance Act has been amended to extend the Domestic Violence Fund to persons entered into civil unions. 30 ILCS 105/6z-72.

Domestic Violence Act addendum

June
2010
Column
Page 282
More on the Illinois Domestic Violence Act.

New law allows for expanded circulation of notice of an order of protection. PA 096-0651

June
2010
Illinois Law Update
Page 292
Notice of an order of protection is now more widely available at the request of a petitioner. 

A Guide To The Illinois Domestic Violence Act

By Hon. Laninya A. Cason
May
2010
Article
Page 250
The Act, with a powerful arsenal of civil relief centered on the order of protection, offers help and hope to victims of domestic violence. Here's an overview of its provisions.

Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701

December
2009
Illinois Law Update
Page 604
Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

Illinois establishes married families domestic violence grants

August
2009
Illinois Law Update
Page 392
The Illinois Attorney General established the Married Families Domestic Violence Fund (the Fund) to fund the delivery of free legal advocacy, legal assistance, and legal services to married and formerly married victims of domestic violence by means of grants awarded by the Illinois Attorney General to public or private non-profit service providers. 

Absolute immunity applies to protect police officers from tort liability

May
2009
Illinois Law Update
Page 226
On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).

Order-of-protection laws amended to prohibit access to health records. PA 095-0912

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.

State Finance Act amended to create Domestic Violence funds. PA 095-0711

September
2008
Illinois Law Update
Page 444
The State Finance Act has been amended with the addition of sections 30 ILCS 105/5.675 and 6z-69 to create the Married Families Domestic Violence Fund for domestic violence assistance and services.

The Impact of Order-of-Protection Remedies on Divorce

By Thomas J. Kasper
June
2008
Article
Page 310
Some OP remedies, such as temporary custody, can have a huge effect on a subsequent divorce. Find out how to protect your client's interest.

Correspondence from Our Readers

January
2008
Column
Page 6
Labeling security retainers; order-of-protection abuse.

Combating Orders-of-Protection Abuse in Divorce

By Scott A. Lerner
November
2007
Article
Page 590
Differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petioners to gain an unfair advantage in divorce. 

Safe Homes Act created to help reduce domestic violence- PA094-1038

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."

Negative inference applicable only to “tip the scales”

August
2006
Illinois Law Update
Page 404
On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.

“Family or household member” classification in domestic battery proceedings may require extended cohabitation

March
2006
Illinois Law Update
Page 118
On December 22, 2005, the Illinois Appellate Court, Second District, modified a decision of the Circuit Court of DuPage County, which convicted the defendant of two counts of domestic battery. 

Will bankruptcy reform cause domestic violence?

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
  Part of the purpose of the bankruptcy reform legislation is to increase pressure on debtors. Will that pressure explode into physical rage?  

Obtaining and Defending Against an Order of Protection

By Thomas J. Kasper
June
2005
Article
Page 290
Orders of protection can become part of the gamesmanship of divorce. Here's how to represent plaintiffs and defendants in OP proceedings.

VESSA: unpaid leave for domestic violence victims

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
Find out about this newly effective law that, like the Family and Medical Leave Act, grants unpaid leave to covered workers.

Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591

December
2003
Illinois Law Update
Page 600
An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.

Legislation cracks down on domestic abuse, sexual abuse and stalking P.A. 92-0827

November
2002
Illinois Law Update
Page 584
On August 22, 2002, Gov. George H. Ryan signed law enforcement legislation that amends several provisions of the Criminal Code of 1961 (code).

Director of IDOC abused his discretion by following unwritten policy that prevented inmates with domestic battery arrests from receiving good-time credit

March
2002
Illinois Law Update
Page 120
On December 28, 2001, the Appellate Court of Illinois, Third District, affirmed the trial court's decision that the director of the Illinois Department of Corrections (IDOC) abused his discretion by refusing to grant good-time credit to the defendant because he was previously charged with domestic battery.

Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516

March
2002
Illinois Law Update
Page 120
In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.

Courts may notify schools and day-cares of orders of protection for children; P.A. 92-090

September
2001
Illinois Law Update
Page 454
In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.

Domestic abusers intervention programs

July
2001
Illinois Law Update
Page 342
On April 28, 2001, the Illinois Department of Human Services (department) adopted a new part to section 501 of the Illinois Administrative Code.

Domestic violence victims may gain greater protection ; S.B. 175

June
2001
Illinois Law Update
Page 286
If signed into law, legislation recently passed by both houses of the Illinois General Assembly would provide greater protection for abused spouses.

Expert Testimony About Psychological Syndromes: How Far Can an Expert Go?

By Steven J. Sturm and Rebecca N. Poulson
December
2000
Article
Page 704
How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

Domestic battery offender liable for child counseling ; P.A. 91-262

October
1999
Illinois Law Update
Page 521
Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''

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