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Domestic Violence
In order to file a claim for domestic violence, there are certain requirements that must be met before relief can be granted. These are:
1.The existence of a “petition” and a “petitioner.” A “petitioner” is someone who files a complaint of domestic violence (a “petition”) and is one of two types of individuals:
(a) “a person eligible for relief.” A “person eligible for relief” includes:
(i) the current or former spouse of the abuser,
(ii) a person who lives, and had a sexual relationship, with the abuser and has lived with the abuser for at least 90 days within the one year prior to the filing of the petition
(iii) a person related to the abuser by blood, marriage, or adoption,
(iv) a parent, stepparent, child, or stepchild of the abuser or person eligible for relief who lives or lived with the abuser or person eligible for relief for at least 90 days of the one year prior to the filing of the petition.
(v) A vulnerable adult or
(vi) a person who has a child with the abuser
(b) a person who can seek relief from abuse on behalf of a child or vulnerable adult. These persons include:
(i) a State’s Attorney
(ii) a Department of Social Services employee
(iii) a person related to the child or vulnerable adult by blood, marriage, or adoption OR
(iv) an adult who resides in the home
2.The abuse is covered under the statute. The specific acts alleged to have caused the abuse must be covered under the statute. “Abuse” includes one of the following acts:
(a) An act that causes serious bodily harm
(b) An act that places an eligible victim in fear of immediate or nearing serious bodily harm
(c) Assault
(d) Actual or attempted rape or sexual offense
(e) False imprisonment
(f) Child abuse
(g) Abuse of a vulnerable adult
Further Information on Domestic Violence:
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