What is classified as Abuse under the Illinois Domestic Violence Act?
The IDVA defines abuse, and further defines many of the terms that are used to define abuse.
- Physical abuse
- Knowing or reckless use of physical force, confinement or restraint
- Knowing, repeated and unnecessary sleep deprivation
- Knowing or reckless conduct which creates an immediate risk of physical harm.
- Sexual abuse
- Knowing conduct which is
- Not necessary to accomplish a purpose that is reasonable under the circumstances;
- Would cause a reasonable person emotional distress; and
- Does cause emotional distress to the petitioner.
- Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:
- Creating a disturbance at petitioner's place of employment or school;
- Repeatedly telephoning petitioner's place of employment, home or residence;
- Repeatedly following petitioner about in a public place or places;
- Repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;
- Improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or
- Threatening physical force, confinement or restraint on one or more occasions.
- Intimidation of a dependent
- Subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of…
- …physical force against another or...
- …physical confinement or restraint of another…
- …which constitutes physical abuse as defined in this Act...
- …regardless of whether the abused person is a family or household member.
- Does not include reasonable direction of a minor child by a parent or person in loco parentis.
- Interference with personal liberty
- Committing or threatening physical abuse, harassment, intimidation or willful deprivation...
- ….so as to compel another...
- ….to engage in conduct from which she or he has a right to abstain or
- ….to refrain from conduct in which she or he has a right to engage.
- Willful deprivation
- Willfully denying a person who, because of age, health or disability requires
- medical care,
- accessible shelter or services,
- therapeutic device, or
- other physical assistance,
- ...and thereby exposing that person to the risk of physical, mental or emotional harm…
- ...except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment.
750 ILCS 60/103(1 thru 15)
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