Domestic violence is a problem throughout the United States, including Illinois. Studies show that domestic abuse results in more injuries that require medical attention than rape, accidents, and muggings put together. Anyone who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has committed a crime. Amendments to the Illinois Domestic Violence Act of 1986 have mandated that law enforcement act to protect victims of domestic violence. This assistance can come in the form of an order of protection, which is often referred to as a restraining order. It is important to understand the difference between these legal documents in order to avoid criminal charges for violating one in Illinois, even if it was issued under false pretenses. 

Illinois Restraining Order

Under Illinois law, a restraining order is a broad term that describes orders that are issued by a civil court to enforce someone to do or not do something. These types of orders sometimes occur more frequently in divorce cases rather than abuse cases. An example might be to prevent a spouse from canceling a health or life insurance policy during divorce proceedings. Also called financial restraining orders, they can freeze much of the marital assets to prevent a spouse from withdrawing funds before the divorce settlement is finalized.

Illinois was one of the first states to establish child protection laws, mandating the reporting of child abuse and neglect, and it created one of the country’s first child abuse hotlines. The Illinois Department of Children and Family Services (DCFS) was established in 1964 as the nation’s first cabinet-level state child welfare agency. DCFS is responsible for protecting children through the investigation of suspected abuse or neglect by parents or caregivers who are in a position of trust or authority over a child. Located in Wheaton, Ill., the Children’s Center is part of the Dupage County Children’s Advocacy Center within the State’s Attorney Office. It is specifically for minors who are being interviewed based on reported child abuse or neglect. 

Investigating Reports of Child Abuse or Neglect

When authorities receive a report of potential child abuse or neglect, the initial response may lead to a criminal investigation. These investigations may involve the accused party or parties as well as the alleged victim. They may be conducted by child protective services employees, police officers, or a multidisciplinary team. The purpose of the investigation is to determine if a child has been harmed or is at risk of being harmed in the future. In addition, its goal is to reduce the danger and increase the safety of the child, while determining the need for services to support the child and the family. In some cases, someone can be wrongfully accused if the accusations are based on false information, evidence, or even mistaken identity. 

The Illinois Department of Children and Family Services (DCFS) maintains a stated mission of protecting children who are victims of abuse or neglect. DCFS receives thousands of calls each year from citizens reporting child neglect or abuse, and it starts an investigation into each allegation within 24 hours. 

Many calls come from family members who are directly affected as well as outside witnesses. Some cases involve teachers or other individuals who believe abuse or neglect may have occurred. If you are being investigated by DCFS, it is critical to secure legal representation from a skilled defense attorney who can protect your rights, and, if necessary, appeal the findings of a DCFS report. 

Here are the steps included in the DCFS investigation process: