DOMESTIC VIOLENCE OVERVIEW

LOUIS P. MILOT

DOMESTIC VIOLENCE ACT (750 ILCS 60/101, et.seq)

JUVENILE COURT ACT (705 ILCS 405/1-1, et. seq)

APPLICABLE STATUTES

Promote an emotional atmosphere that is conducive to healthy childhood development [750 ILCS 60/102(1)]

Does not include reasonable direction of a minor child by a parent or person in loco parentis. [750 ILCS 60/103(1)]

Causes reasonable emotional distress. [750 ILCS 60/103(7)]

DOMESTIC VIOLENCE ACT

Knowing or reckless use of force, confinement or restraint that creates an immediate risk of physical harm. [750 ILCS 60/103(14)]

Non-attorneys may be giving your client legal advice. [750 ILCS 60/205(b)(4)]

DOMESTIC VIOLENCE ACT

A neglected minor is a child under the age of 18 who . . . (3) is in an environment injurious to the welfare of the child.

The Juvenile Court Act does not make domestic violence prima facie evidence of neglect

JUVENILE COURT ACT

A history of domestic violence, substance abuse and anger problems can constitute an injurious environment. In re Z.Z., 312 Ill. App. 3d 800, 727 N.E.2d 667 (2d Dist. 2000)

Physical abuse of a mother by a father can create an injurious environment. In re A.D.R., 186 Ill. App. 3d at 393, 542 N.E.2d 487 (4th Dist. 1989)

APPLICABLE CASE LAW

Continuing physical abuse by one parent of another will cause emotional damage to a child and thus constitutes neglect. In re S.S., 313 Ill. App. 3d 121, 728 N.E.2d 1165 (2d Dist.2000)

Dropping Order of Protection against the father and allowing his return constituted neglect by reason of an injurious environment. In re M.P., 408 Ill. App. 3d 1070, 945 N.E.2d 1197 (3d Dist. 2011)

APPLICABLE CASE LAW

Mother’s minimization or covering up abuse of herself and her child and refusal to acknowledge the boyfriend's danger to herself and her child injurious environment. In re K.R., 356 Ill. App. 3d 517, 827 N.E.2d 525 (3d Dist. 2005)

Occasional social contact does not constitute a dating relationship. In re A.J., 296 Ill. App. 903, 695 N.E.2d 551 (2nd Dist. 1998)

APPLICABLE CASE LAW

Does not matter who is responsible for the domestic violence as the mere existence of domestic violence in the home creates an injurious environment. In re R.B., 336 Ill. App. 3d 606, 784 N.E.2d 400 (4th Dist. 2003)

A past report of domestic violence is not a bar to parent having custody of a minor where there has been a lengthy passage of time and the current situation is stable. In re E.S., 756 N.E.2d 422 (4th Dist. 2001) see also In re S.S., 313 Ill. App. 3d 121, 728 N.E.2d 1165 (2d Dist.2000)

Where serious anger issue exists, domestic violence outside the presence of minor may constitute neglect. In re A.W., Jr., 231 Ill. 2d 241, 897 N.E.2d 733 (2008)

APPLICABLE CASE LAW

Is it domestic violence? Has it or could it have caused emotional

damage to the minor? When was the last incident of domestic

violence? What is the situation with the perpetrator? What has your client done or changed?

DEFENDING THE CLIENT

Acknowledge that there is a problem. Get appropriate services. Change attitude and behaviors. Place conditions on any continuing

relationship(s). Be cautious.

ADVISING THE CLIENT

THANK YOU!