ICDVP Legal Advocacy 4 — Questions and Answers
Question 1: A prosecutor decides to proceed with charges against an abuser even though the victim has recanted. This practice is known as what?
- Victim-led prosecution
- Evidence-based or 'no-drop' prosecution (Correct answer)
- Subrogation prosecution
- Deferred prosecution
Correct answer: Evidence-based or 'no-drop' prosecution
Evidence-based (no-drop) prosecution uses physical evidence, witness statements, and 911 recordings to proceed without the victim's cooperation.
Question 2: Under Illinois law, which of the following reliefs can be included in an Order of Protection to address financial abuse?
- Ordering the abuser to pay restitution to the state
- Requiring the abuser to provide support or reimbursement for expenses caused by the abuse (Correct answer)
- Freezing all joint bank accounts pending trial
- Permanently transferring property ownership to the victim
Correct answer: Requiring the abuser to provide support or reimbursement for expenses caused by the abuse
The IDVA allows courts to order support or reimbursement for expenses such as medical costs and shelter fees directly caused by the abuse.
Question 3: Which of the following is a common barrier that may prevent a domestic violence victim from participating fully in a court proceeding?
- The prosecutor's willingness to accept a plea
- Fear of retaliation by the abuser if she testifies (Correct answer)
- The judge's scheduling preferences
- Availability of a jury trial
Correct answer: Fear of retaliation by the abuser if she testifies
Fear of retaliation is one of the most documented barriers to victim participation, highlighting the need for safety planning around court involvement.
Question 4: What does 'confidentiality' mean in the context of Illinois domestic violence advocacy programs?
- Advocates may share client information freely with law enforcement
- Client information may not be disclosed without informed consent, except in specified situations (Correct answer)
- Confidentiality only applies to shelter addresses, not client records
- Advocates must share all information with the prosecutor handling the case
Correct answer: Client information may not be disclosed without informed consent, except in specified situations
Illinois law and professional ethics require advocates to protect client information; disclosure without consent is only permitted in narrow circumstances such as imminent danger.
Question 5: A client holds a valid FOID card and legally owns a firearm. Her abuser has just been served with a domestic violence restraining order. What does Illinois law require of the abuser?
- The abuser may keep firearms at home as long as they are stored safely
- The abuser must surrender or transfer all firearms and is prohibited from purchasing new ones (Correct answer)
- Only handguns must be surrendered; long guns are exempt
- The abuser retains firearm rights unless convicted of a felony
Correct answer: The abuser must surrender or transfer all firearms and is prohibited from purchasing new ones
Under both federal and Illinois law, a person subject to a qualifying Order of Protection must surrender all firearms and cannot purchase new ones.
Question 6: What is the purpose of the 'Victim Notification System' (VINE) in Illinois?
- To alert victims when an offender is released, escapes, or has a custody change (Correct answer)
- To send court dates directly to the abuser
- To notify landlords about a tenant's victim status
- To automate the filing of Orders of Protection
Correct answer: To alert victims when an offender is released, escapes, or has a custody change
VINE allows victims to register for automated notifications when an offender's custody status changes, supporting victim safety planning.
Question 7: Which action BEST reflects trauma-informed legal advocacy when a client appears confused and inconsistent in her account of the abuse?
- Note the inconsistencies and advise her to reconsider filing for an Order of Protection
- Understand that trauma affects memory and narrative coherence, and support her in telling her own story (Correct answer)
- Correct her account to make it more consistent before court
- Recommend a psychiatric evaluation before proceeding
Correct answer: Understand that trauma affects memory and narrative coherence, and support her in telling her own story
Trauma responses—including fragmented or non-linear memory—are normal; trauma-informed advocates support the client without judgment and explain this to service partners.
ICDVP Legal Advocacy 4
A prosecutor decides to proceed with charges against an abuser even though the victim has recanted.
This practice is known as what?