Illinois recently signed the Firearms Restraining Order Act into law, which allows someone to petition for the temporary removal of firearms from the possession of a family member who is deemed to be a threat to him or herself or others. With recent mass shootings in mind, lawmakers created the bill as a legal means for law enforcement to act on credible warnings of potential gun violence. Victims in domestic violence cases could petition for a firearms restraining order if they fear that their abuser may use a gun against them. However, the petitioner must prove that there is a need for the restraining order.

Order Details

Illinois already has a law that revokes a person’s Firearm Owner’s Identification card if he or she is convicted for domestic violence. However, an alleged offender may be a threat to use gun violence before a conviction can occur. An order of protection can immediately make it illegal for the domestic violence suspect to contact the alleged victim. A firearms restraining order addresses the specific threat of gun violence by:

When filing an order of protection in a domestic violence case, the petitioner may suddenly realize the various ways he or she is connected to the abuser. The victim must take steps to cut off access to properties and finances in order to shield him or herself from the abuser. However, both the accuser and accused may normally have an equal right to the shared properties. Illinois lawmakers included several remedies in the state's order of protection law that favor the petitioners’ rights to access and control various properties. A revision to the law went into effect at the start of the new year that extends those rights to cell phone accounts.

Phone Control

Under the revised law, a petitioner who has filed an order of protection may request that a wireless service provider move his or her phone number to a separate account. The law is meant as another way for domestic violence victims to be financially independent from their abusers. Domestic partners often share a wireless telephone service plan. If the abuser is the primary holder of the account, he or she has control over all phone numbers related to the account. With the new law, the petitioner

Every nine seconds a woman in the United States is assaulted or beaten. In fact, the leading cause of injury to women is not car accidents, muggings, or rape. It is domestic violence. The abuse begins at a heartbreakingly young age: one in four girls and one in six boys will be sexually assaulted by age 18. Internationally, one in three women has been beaten, coerced into sex, or somehow abused.

These are sobering statistics, and too often victims of domestic abuse do not seek help. Illinois takes the prosecution of these heinous crimes seriously. In nearby Cook County, for example, State Attorney Anita Alvarez recently announced the creation of a Sexual Assault and Domestic Violence Division, which will focus exclusively on these sensitive and often complex cases.

An Order of Protection May Prevent Further Abuse