CBA Record September-October 2024

CELEBRATING

OF PRO BONO WEEK

YEARS

Protecting Survivors of Domestic Violence: Critical Roles of Lawyers and Courts By Margaret Duval

A grandparent is beaten by his adult daughter, who also steals his car keys. A woman is stalked and harassed online by her ex-boyfriend, who threatens to send intimate pictures to her supervisor and the pastor at her church. An incarcerated mother receives threats of violence from her child’s father that are so serious that she prefers to remain in jail rather than be released without protection. On any given day, Chicagoans facing these situations are reach ing out for legal help, and many find themselves, either through a referral from the police or their own research, seeking assis tance at the Cook County Domestic Violence Court. Despite the court’s high volume – it averages 1,200 new civil filings each month – it is unfamiliar territory for most Chicago lawyers, garnering attention only when one of those thousands of cases becomes “newsworthy” under tragic circumstances. And the risk of tragedy is real and seems to be growing. Just this summer, the Illinois Coalition Against Domestic Violence released its annual report on domestic homicides two months early to highlight the fact that domestic violence homicides increased 121% from 2022 to 2023. Strong Laws Protecting Survivors Illinois has strong, expansive laws protecting survivors of domes tic violence, whether the violence takes the form of physical intimate partner abuse (the kind of violence most of us envision when we think of domestic violence) or other types of abuse that are less well-known but that can be equally devastating. The Illi nois Domestic Violence Act (IDVA) provides protection from family violence. It defines “family member” broadly, includ ing not just spouses and dating relationships, but parents, sib lings, and people who are related by blood or who share a child in common, among others. Thus, the grandfather, incarcerated

mother and the woman stalked by her ex in the examples above would all meet the IDVA’s definition of family member for the purposes of an order of protection. Likewise, the definition of abuse encompasses a range of behavior beyond physical harm. It can include threats, harass ment, and stalking, among other behaviors. The IDVA is very explicit that a petitioner need not allege a history of physical vio lence to show that abuse has occurred, and in the last several years patterns of abuse involving technology such as location track ing apps and online harassment have proliferated. Even when this online behavior is not accompanied by a history or threat of physical violence, the extreme stress and invasion of privacy it causes can be devastating and qualifies as “abuse” justifying the entry of an order of protection. Strong Enforcement of the Laws Unfortunately, while Illinois survivors of domestic violence do benefit from expansive laws, they also encounter serious barriers as they seek the law’s protection, primarily in the areas of enforce ment and access. Survivors seeking orders of protection are often warned that “a piece of paper won’t keep you safe” or “a court order can’t stop a bullet.” On their face, those are fair objections. However, an order of protection that is properly served and enforced can help a survivor buy time and increase their safety, regardless of whether the respondent is compliant. If the respondent is compliant, the order can stabilize a situa tion and allow a survivor time to seek safer housing, share infor mation with their support network, or seek more permanent legal relief. Even if the respondent is not compliant, the order should also help the survivor gain time, ideally through the pursuit of criminal charges or – as has happened with multiple Ascend Justice clients – through heightened law enforcement response

2012 Pro Bono: A Gift not a Chore

2011 Kindness to Strangers

2010 “ Our deeds determine us.” – George Eliot

2009 “With malice toward none; with charity for all.” – Abraham Lincoln

20 YEARS OF PRO BONO WEEK

28 September/October 2024