NCJ Number
113982
Journal
Loyola University of Chicago Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 797-808
Date Published
1988
Length
12 pages
Annotation
While the Illinois Domestic Violence Act of 1986 broadens the categories of those protected under the law and defines conduct constituting harassment and abuse, it contains some provisions that raise problems.
Abstract
This article shows how the 1986 Act clarifies provisions of the 1982 Illinois Domestic Violence Act and identifies problems in the new legislation. Problems arise regarding requirements for the court to provide clerical assistance to pro se persons seeking protection, either written or oral detailed findings, and the choice of contempt or criminal remedies. Additionally, a problem arises because of the strictness of jurisdictional requirements providing for the issuance of separate summons and service in every proceeding for an order of protection, whether instituted as an independent cause of action or a part of an existing civil or criminal cause. The problems are demonstrated by tracing the history of spousal abuse and by citing specific cases. For example, for the court to supply clerical assistance to those seeking protection from the court raises the issue of the court undertaking an inappropriate advocacy function. Also, the requirement for detailed oral or written findings can overburden the court and slow down the issuance of orders for those who are in need of protection. While the new legislation protects victims and stops violence, it raises new issues that can only be remedied by amendment of the statute. 86 footnotes.