Victim of Domestic Violence
Victim of Domestic Violence
Illinois, civil lawsuits related to domestic violence can be pursued under the Illinois Domestic Violence Act and the Illinois Gender Violence Act. The Illinois Domestic Violence Act allows victims to seek Orders of Protection, which are court orders that can restrict the abuser's actions. Additionally, the Illinois Gender Violence Act allows survivors of sex-based violence, including domestic violence, to sue their attackers in civil court for damages and other relief.
Illinois Domestic Violence Act (Civil Lawsuits):
Orders of Protection:
Victims can seek Orders of Protection to prevent further abuse. These orders can include provisions like restraining the abuser from contacting or approaching the victim, or from being within a certain distance.
Civil Court Enforcement:
If an abuser violates an Order of Protection, the victim can enforce the order in civil court, potentially leading to further restrictions or penalties.
Civil Actions:
The Act also allows for civil actions against law enforcement agencies if they fail to protect a victim of domestic violence. This requires proving a duty to protect, a breach of that duty, and that the breach directly led to harm.
Illinois Gender Violence Act (Civil Lawsuits):
Civil Rights Law:
This act is a civil rights law that allows survivors of sex-based violence, including domestic violence, to sue their attackers in civil court.
Damages and Relief:
Civil lawsuits can seek damages for injuries, emotional distress, and other harm caused by the violence.
Injunctive Relief:
The Gender Violence Act also allows for seeking injunctive relief, which can include orders to prevent further abuse.
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Legal Representation for Victims of Police Inaction in Domestic Violence Cases
Holding Law Enforcement Accountable Under the Illinois Domestic Violence Act
When you call the police for help, you have the right to expect protection—especially if you're a victim of domestic violence. Unfortunately, some officers fail to uphold their duty, and that failure can lead to serious harm—or worse. If you or a loved one were harmed because the police failed to intervene, enforce an order of protection, or take your safety seriously, you may have a legal claim under the Illinois Domestic Violence Act (IDVA).
At Meyer & Kiss, we represent survivors and families who have been failed by the very systems meant to protect them.
What Is the Illinois Domestic Violence Act (IDVA)?
The IDVA was enacted to offer comprehensive protection for victims of domestic abuse. It doesn't just define abuse—it imposes legal duties on law enforcement. Police officers are required to:
- Respond promptly to reports of domestic violence
- Take all reasonable steps to prevent further abuse
- Enforce valid orders of protection
- Complete written reports documenting incidents
When officers fail to take action—whether by refusing to arrest an abuser, dismissing a call for help, or ignoring warning signs—they may be violating state law and your constitutional rights.
Examples of Police Failures That May Be Actionable
You may have a legal case if:
- Police failed to arrest or detain a known abuser during a domestic violence call
- Officers refused to enforce an active order of protection
- Reports of abuse were ignored or minimized
- Law enforcement failed to investigate or document repeated incidents
- Police actions (or inaction) enabled further abuse, injury, or death
Legal Options for Victims and Families
The Act also allows for civil actions against law enforcement agencies if they fail to protect a victim of domestic violence. This requires proving a duty to protect, a breach of that duty, and that the breach directly led to harm.
Illinois Gender Violence Act (Civil Lawsuits):
Victims of police negligence or misconduct related to domestic violence may pursue:
- Civil damages under the IDVA and related negligence claims
- Federal civil rights claims under 42 U.S.C. § 1983 for deliberate indifference or failure to protect
- Wrongful death lawsuits if a loved one was killed following police inaction
We fight for
accountability and justice, whether that means negotiating a settlement or going to trial.
Why Choose Meyer & Kiss?
- Proven experience in civil rights and police misconduct litigation
- Compassionate, trauma-informed legal representation
- We partner with survivors, not just represent them
- No fees unless we recover compensation for you
You Deserved Protection—Now You Deserve Justice
If you were let down by law enforcement in a moment of crisis, don’t face the legal system alone. Our team is here to help you take back power and hold those responsible accountable.
