Police Department - Domestic Violence

Domestic violence is all-too-common occurrence and the crime of Domestic Battery is a serious one. Persons arrested for Domestic Battery, under Illinois Statute, are held in jail pending an appearance before a judge to set bond. In addition, statutes provide for the confiscation of the batterer's firearms, and the revocation of his or her Firearm Owners ID card. Fines and other penalties for this offense are fairly stiff: Upon conviction, a batterer pays expensive fines and court costs, is usually placed on probation (for a first-time offense), is usually ordered to undergo a lengthy counseling regimen, may be ordered to stay away from his or her family for an extended period of time, and may face other penalties as well. Repeat offenders generally serve jail time, and face even stiffer fines and penalties.

The police can arrest a batterer even if the spouse refuses to sign a complaint. If officers are called to the scene of a domestic incident and observe clear signs of a battery (bruises, marks, etc.), and if the spouse verbally indicates who committed the battery, that person can be arrested and held without bond whether the injured spouse signs a written statement or not. Such arrests occur quite often, since battered spouses are sometimes unwilling to prosecute abusive partners for fear of later reprisals.
If you are the victim of a domestic battery, the North Aurora Police Department will take the following steps:

• Interview the victim and take a written statement if possible
• Arrest the offender, Mirandize him or her, and conduct an interview
• Seize any firearms in the home
• Take photographs of the victim's injuries
• Refer the victim to Mutual Ground, 897-0080
• Do any follow-up investigation as necessary

Bear in mind these steps are taken only when an actual battery has occurred; purely verbal arguments do not qualify as Domestic Battery

What is Domestic Violence?

Domestic violence is not confined to certain groups. Anyone can be a victim of domestic violence. Everyone argues or fights with their partner or spouse now and then. When that quarrel gets out of control and turns to physical violence or abuse it becomes a crime.

What Is Abuse?

Abuse usually means physical violence such as pushing, shoving, grabbing, pulling, slapping, choking, punching, etc., but it can also mean threatening, harassing, willfully depriving (withholding food, medicine, care, etc.), stalking, or interfering with the victim's liberty.

Furthermore, when someone intimidates a partner or date by using physical violence, threats, emotional abuse, harassment, or stalking to control the behavior of their partner, they are committing domestic violence. Domestic violence is a crime. It is against the law for a spouse/partner to strike or beat you. Remember, it is not your fault! You are not responsible for someone else's violent behavior. You Are Not Alone! Help exists through the Illinois Domestic Violence Act (IDVA) and other resources.

Facts About Domestic Violence

• Nearly one-fourth of all relationships include violence.
• Wife-beating is the most common but least reported crime in the U.S.
• Over 40% of the women murdered are killed by their husbands or partners, usually after having been abused by them for years.
• Up to one-half of all wives are beaten at least once by their husbands.
• Domestic violence happens to people of all races, income, and education levels.
• Violence in the home usually becomes more frequent and severe over time.
• Victims of domestic violence may be silent because of embarrassment or shame.

What Are Some of The Signs of Domestic Violence?

• Does your partner ever put you down, call you names, or constantly criticize you?
• Does your partner threaten to hurt you, the children, or another family member?
• Do you ever feel like you are walking on egg shells?
• Do you try to keep the kids quiet to please your partner?
• Does your partner say it is your fault that he/she hit you, threw you down, or kicked or choked you? Then does he/she promise it will not happen again (but it does)?
• Can you call on the telephone or visit friends and relatives without getting permission from your partner?
• Is your partner jealous or possessive of you?
• Does your partner ever accuse you of having sex with another person?
• Do you have access to the family money and/or transportation?
• Have you ever called the police about a disturbance at your home?

What To Do After An Attack

• Seek medical help as soon as possible. Tell the hospital staff what happened.
• Make a police report, even if you do not want your abuser arrested. It documents the abuse which may become evidence for future court hearings (such as a custody hearing, assault, battery, or stalking case).
• Save evidence such as police reports, medical reports, dated pictures of your injuries or damaged property, names and addresses of witnesses, weapons, etc.
• If you leave your spouse or partner, you may need some help, financial or otherwise. There are resources available. Counselors at any of the domestic violence programs or shelters can help you analyze your choices and work out a plan.

Law Enforcement Responsibilities

When a LAW ENFORCEMENT officer responds to domestic violence at your home, the Illinois Domestic Violence Act requires that they take all reasonable steps to prevent any further abuse, including, but not limited to:

• Arresting the abuser when the officer has probable cause to believe an offense (battery, assault, etc.) has occurred.
• Assisting you by providing or arranging transportation for you to a hospital or shelter.
• Assisting you in obtaining the necessary personal belongings (clothing for you and your children, medicines, legal papers, etc.) by accompanying you back to the home you left and standing by while you gather these items.
• Advising you of your rights under the law and explaining how to press charges if the abuser has not been arrested.
• Making a police report on every bonafide allegation of domestic violence. You will need the report number in order to press charges in Domestic Violence Court.

The Legal System

Victims of domestic violence can obtain relief through the legal system. There are two ways in which relief can be obtained. One way is to pursue criminal charges against the offender, and the second is to pursue civil relief. The focus of this section is the criminal justice system. However, if a victim does not wish to pursue criminal charges against the offender, civil relief may be available. Information on how to obtain an Order of Protection in civil court is included in the next section.

To obtain a criminal Order of Protection or to pursue charges in criminal court, a crime must have occurred. A victim of domestic violence needs to document the crime. Generally this is done by completing a police report.

After reporting the crime, the victim should report to the Kane County State's Attorney's Office. A victim should bring the number of case report and any evidence that was not processed by the police. A victim will sign in and wait for an Assistant State's Attorney to review the case. The state's Attorney's Office will then walk the victim through the Order of Protection process. The victim will then be directed to a victim/witness specialist who works for the State's Attorney. This specialist will help write the Order of Protection and offer assistance to the victim. The victim will then go before a judge who will hear the case and decide whether there are sufficient grounds to issue an Order of Protection.

Orders of Protection

In addition to covering the more common domestic relationships, Orders of Protection are also available to persons who have or have had a dating relationship, and to persons with disabilities and their personal assistants.

An Order of Protection is a written court order that can require the abuser to: stop any further abuse, not enter the marital home, seek counseling, and/or forbit him/her from destroying personal property.

If the abuser violates the Order of Protection, he can be arrested on the spot. Tell responding officers of the Order of Protection and show it to them. Keep it in a safe place so you can have it available when you need it.

Orders of Protection are available to any household member who is abused by another household member. The IDVA defines "household member" very broadly:

• Spouses
• Ex-spouses
• Persons living together
• Persons who formerly lived together
• Parents
• Children
• Stepchildren
• Persons who have a child together
• Persons related by blood or marriage are all protected

Bring all the evidence you have, such as medical reports, pictures, torn clothing, witnesses, etc. You will talk to an Assistant State's Attorney who will be your lawyer for this criminal process. Make sure you can tell him/her the important facts such as:

• The date and time of the domestic violence
• Place of the incident
• Witnesses
• Police involvement if any
• Past history of beatings, threats
• Medical treatment you received if any
• Property damage, etc.

Dispositions
There are several possible dispositions (outcomes) of court hearings, including supervision, probation, conditional discharge, court ordered counseling for the offender, and jail sentencing. These will be explained to you in more detail by court personnel.

Help Is As Close As A Telephone

Remember, abuse tends to get worse over time. It is more dangerous to do nothing than to take some action now. The safety of you and your children may depend on your willingness to follow the suggestions and remedies explained here and to get the help you need.

There are experienced people available and concerned to help you with your situation and to help you plan for the future.