ICDVP Domestic Violence Law & Legal Issues 2 — Questions and Answers
Question 1: Under the Illinois Domestic Violence Act (IDVA), which of the following relationships qualifies a person to petition for an Order of Protection?
- Coworkers who share an office
- A person and their former romantic partner (Correct answer)
- Neighbors who share a property line
- Strangers who had a single dispute
Correct answer: A person and their former romantic partner
The IDVA covers current or former family or household members, including former dating or romantic partners.
Question 2: What is a 'plenary' Order of Protection in Illinois?
- An emergency order issued without notice to the respondent
- A long-term order issued after a full hearing with both parties present (Correct answer)
- An interim order lasting up to 30 days
- A criminal no-contact order issued by police
Correct answer: A long-term order issued after a full hearing with both parties present
A plenary Order of Protection is issued after a full court hearing where both parties have had an opportunity to appear, and can last up to two years.
Question 3: Which Illinois law specifically addresses stalking and allows victims to obtain a Stalking No Contact Order?
- Illinois Stalking No Contact Order Act (Correct answer)
- Illinois Domestic Violence Act
- Illinois Criminal Code § 720
- Illinois Civil No-Harm Statute
Correct answer: Illinois Stalking No Contact Order Act
The Illinois Stalking No Contact Order Act provides civil remedies for stalking victims who may not qualify under the IDVA.
Question 4: Under Illinois law, when a respondent violates an Order of Protection, the first violation is typically classified as a:
- Class 4 felony
- Class A misdemeanor (Correct answer)
- Class X felony
- Petty offense
Correct answer: Class A misdemeanor
A first violation of an Order of Protection is a Class A misdemeanor in Illinois, though subsequent violations or those involving certain aggravating factors can be elevated to felony charges.
Question 5: What does Illinois mandatory arrest policy require officers to do when they have probable cause to believe domestic violence has occurred?
- Issue a citation and release both parties
- Arrest the dominant aggressor regardless of victim preference (Correct answer)
- Allow the victim to decide whether an arrest is made
- Separate the parties and file a report without arresting
Correct answer: Arrest the dominant aggressor regardless of victim preference
Illinois mandatory arrest laws require police to arrest the dominant aggressor when probable cause exists, removing the decision from the victim.
Question 6: In Illinois, how long does an Emergency Order of Protection (EOP) typically last?
- 7 days
- 14 to 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 14 to 21 days
An Illinois Emergency Order of Protection lasts 14 to 21 days, giving the petitioner time to return to court for an Interim or Plenary order.
Question 7: Under VAWA's full faith and credit provision, an Illinois Order of Protection is enforceable in:
- Only Illinois counties where it was issued
- Only states that have signed a reciprocity agreement with Illinois
- All U.S. states, territories, and tribal lands (Correct answer)
- Only federal court jurisdictions
Correct answer: All U.S. states, territories, and tribal lands
VAWA's full faith and credit provision requires all U.S. states, territories, and tribal jurisdictions to honor and enforce valid protection orders from other jurisdictions.
ICDVP Domestic Violence Law & Legal Issues 2
Under the Illinois Domestic Violence Act (IDVA), which of the following relationships qualifies a person to petition for an Order of Protection?