Domestic violence is a serious issue in the United States. In Illinois, victims have remedies and options available to them through the Illinois Domestic Violence Act. One such remedy of this is act is an order of protection, also referred to as a restraining order. The court will grant an order of protection to protect the victim. With any system, though, there are flaws. Orders of protection can be granted inaccurately, severely impacting the life of the accused.

Types of Orders of Protection

Illinois law provides three different types of orders of protection:

Both the United States and Illinois have two different justice systems: the criminal justice system and the civil justice system. When you are charged with a criminal offense your case is supposed to be handled in the criminal justice system. However, over time some of the important distinctions between the two have become blurred. This is particularly clear when it comes to so-called victims’ rights provisions, like those found in the Illinois Constitution.

The Traditional Difference between the Criminal and Civil Justice Systems

The criminal and civil justice systems are different. The civil justice system is wherein civil lawsuits are filed by ordinary individuals. This system exists to address grievances that exist between private people, between a private person and a company, or between two companies. In contrast, the criminal justice system is meant to have nothing to do with private wrongs. Within the criminal justice system, a person may be accused of committing a crime against the state. That is why these cases are prosecuted by a “state’s attorney” rather than some private attorney hired by the accuser or his or her family. Each system has its own burden of proof and its own mechanism of justice. While in the criminal system, imprisonment is available if a person is found guilty, in the civil system the liable person is held responsible by being ordered to pay money to the injured person.

There has been much focus in the recent past on criminal justice reform and addressing issues within the system that may unduly prejudice criminal defendants. However, another key player in the criminal justice system is the victim of a particular crime, who is also granted certain rights according to the system. However, not every privilege afforded to victims within the context of the prosecution of a criminal case is always enforceable.

For example, at a defendant’s sentencing, the victim is usually granted the opportunity to speak through a victim impact statement that is presented to the court. Nevertheless, some courts have decided not to take such a statement and proceed to sentencing without hearing from the victim. As a recent report points out, victim advocates are calling for a change in the rules of criminal procedure in this area, making it a right to deliver a victim impact statement. The change will be left in the hands of Illinois voters on today’s ballot.

Strengthening Victim Rights