Family & Safety

Safety planning is coming up with a specific plan to increase safety for a survivor of violence.  It is a personalized plan developed with the person and their particular circumstances in mind. For those who are survivors of domestic violence or abuse, it can include what to do while in an abusive relationship, when leaving the relationship, or after leaving.

Domestic violence is when one family or household member abuses another family or household member. It can also be known as domestic abuse,  family violence, dating violence, or intimate partner violence. Learn more about domestic violence and what it is.

The Domestic violence safety planning checklist provides a series of steps that can be taken in different situations that a domestic violence survivor can take in order to protect themselves and their loved ones.  In addition, the National Domestic Violence Hotline offers an online interactive guide that creates a personal safety plan.

In addition, survivors of domestic violence can:

• Talk to employers about ways to make the workplace safer, like getting a Workplace Protection Restraining Order or reasonable accommodations.  Read more about Protections and rights in the workplace common questions.
• Check for tracking apps and devices. Learn more about Tracking devices and abuse.
• Report the abuse to the police and get a police report.
• Get an Order of Protection against the abuser and carry a copy at all times, as well as provide a copy to security at work, school, and apartment managers.

Domestic violence organizations and other victim services organizations can help a survivor of domestic violence review their particular situation and develop a unique safety plan.

Learn more about getting an Order of Protection in Illinois.

A domestic violence survivor can file a petition for an Order of Protection. In the petition, the survivor can ask the judge to order that:

• The children are included as “protected persons” in the order, which means they are protected by the order as well.
• If the children’s parents are the survivor and the abuser, the survivor gets temporary physical care and control of the children, temporary decision-making responsibility, or both.
• The abuser’s parenting time with the children is limited or terminated. The judge may do this if the abuser has done, or is likely to do, any of the following:
  • Abuse or cause danger to the children during parenting time,
  • Use parenting time as a chance to abuse or harass survivors and their family members,
  • Hide the children or keep them from the survivor, or
  • Act in a way that is not in the best interests of the children.
• The abuser meets with children at a place other than the survivor’s house or has supervised visits.
• The abuser pays temporary child support.
• The abuser stays away from other locations when the survivor and children are there.
• The abuser does not have access to the children’s records. Protecting their records can be very important if the abuser does not know where the survivor lives, since their address may be listed on these records. Upon the survivor’s request, the Clerk's Office will notify the daycare facility, preschool, or public or private school where the children are enrolled.

There are many things a domestic violence survivor can do to keep their pets safe:

• Include the pets in any safety planning. Keep documentation of the survivor’s ownership, such as adoption contracts, registration papers, photos, and vet bills.
• Add items for pets in a safety plan escape bag, including food, medicine, leash, and ownership records. Keep contact information for their veterinarian.
• If the pet is microchipped, update the records so that if the pet is separated from the survivor, it is not returned to the abuser. Contact the microchip company directly and have them change online access as well so that the abuser cannot try to discover the survivor’s new address or phone number.
• Plan for pets when escaping an abusive situation. Safe Havens for Pets has a list of animal organizations that provide boarding or fostering for pets if the survivor is going to a place that does not allow pets. The site also lists domestic violence shelters that offer a pet program. RedRover Relief Safe Escape grant program can also fund pet boarding while a domestic violence survivor is in a shelter. The application must be submitted by a domestic violence advocate.
• Stay alert when walking dogs outside and walk with others to avoid being alone. Do not leave pets alone outside. Change usual service providers like veterinarians, groomers, doggie daycare, etc, since the abuser will be familiar with them.
• Include pets when getting an Order of Protection. An Order of Protection can give the survivor “exclusive care, custody, and control” of any animals that are owned or kept by the survivor, the abuser, or a child residing in either of their homes. The order can say that the abuser has to physically stay away from the animal. It can also prevent them from taking, selling, or harming the animal. The judge can also order the abuser to pay for any vet bills or boarding expenses that resulted from the abusive behavior.

A domestic violence survivor can file a petition for an Order of Protection. In the petition, the survivor can ask for property that they own. If the survivor is married to the abuser and the property was bought during the marriage, the judge will decide whether it is more difficult for the abuser or the survivor to be without the property.

A domestic violence survivor can file a petition for an Order of Protection. In the petition, the survivor can ask to remain in the house they share with the abuser and have the abuser leave. This is called “exclusive possession” of the home. If the judge agrees, the abuser will have to leave and stay away from the home.

If the abuser has a legal right to be in the home, the judge will need to decide whether it is more difficult for the survivor or the abuser to leave. The judge may ask if: 

• The survivor has another place to stay,
• The abuser has another place to stay,
• Any children live with the survivor,
• Both the survivor and abuser work, and
• The home is near the survivor’s workplace or the children's school.

If the judge orders exclusive possession for the survivor, they can call the police and ask that they escort the survivor home. The survivor can tell the police officer that they have an Order of Protection and need the abuser (respondent) removed from their home. The police will meet the survivor at the home and tell the abuser they have to leave. 

The court can order that the survivor or the abuser be able to go into the house with the police to get clothing, medicine, or other items they need. The judge can also order that the property be exchanged at a different location.

The Illinois Address Confidentiality Program (ACP), administered by the Illinois Attorney General’s office, can provide domestic violence survivors with a substitute address that can be used for state and local government records. They can also be used for personal mail. Mail sent to the ACP will be forwarded to the survivor at their real address. Learn more about the Address Confidentiality Program.

Yes, a survivor of domestic violence can apply to receive financial assistance from the Illinois Crime Victim Compensation fund under certain circumstances. While it can reimburse things like lost wages or medical or mental health expenses, the money can also be used to relocate to a new home as a result of a crime. Learn more about Compensation for crime victims and how to apply by visiting the Illinois Attorney General’s website and brochure in English and Spanish.

The Illinois Department of Human Services (IDHS)’ Crisis Assistance Program can provide money for rent, food, clothes, household supplies, and essential furniture for families who are eligible for Temporary Assistance for Needy Families (TANF) and:

• Are homeless or may become homeless because they were evicted from their home for any reason,
• Are homeless because someone in their former home physically abused them, or
• Are unable to get food, clothing, or rent due to removing an abuser who is the primary wage-earner from the home.

In addition, a survivor who qualifies for Supplemental Nutrition Assistance Program (SNAP) but does not already get it can apply for expedited services for SNAP.

For more information and how to apply, see the IDHS website and brochure.

Yes, under the Illinois Safe Homes Act, a domestic violence survivor has the right to end a written or oral lease early without paying additional rent, as well as ask the landlord to change the locks in certain circumstances. This applies to private rental housing and subsidized housing, but not to public housing.

The Violence Against Women Act (VAWA) is a federal law that also protects domestic violence survivors who live in public housing, project-based Section 8 housing, private housing with Section 8 voucher, and other types of housing. VAWA enables the building owner to evict or remove a tenant who has committed physical violence against a family member or others. The building owner also cannot evict the survivor if they are a survivor of domestic violence.

For more information, read the Shriver Center publication in English and Spanish.

Under the Illinois Gender Violence Act, a survivor of gender violence or domestic violence can sue anyone, including the abuser and businesses who were involved in the violent act, and get:

• Money for the costs the survivor paid because of the violence,
• Money for emotional distress,
• Money so that the people who harmed the survivor are punished,
• Lawyer fees,
• Court costs, and
• Anything else the court thinks the survivor should get.

Starting January 1, 2024, the survivor can also sue employers if they fail to "supervise, train, or monitor the employee who engaged in the gender-related violence" or "take remedial measures in response to the complaints or reports."

Yes, the Illinois Bill of Rights of Crime Victims and Witnesses Act is a list of rights a domestic violence survivor has in criminal court proceedings against their abuser, some of which are important to safety planning, such as:

• The right to be notified of and a hearing about a request for access to any of the survivor’s records, information, or communications that are confidential by law or privileged;
• The right to have the safety of the survivor and their family considered in deciding the abuser’s bail, determining whether to let the abuser out of jail, and setting the abuser’s conditions of release after arrest and conviction; and
• The right to be notified of the conviction, sentence, imprisonment, and release of the abuser.

The Office of the Attorney General handles complaints and violations of this Act.

If the survivor of domestic violence or abuse is an immigrant, there may be immigration-related options that allow them to remain in the US, including:

• The Violence Against Women Act (VAWA) allows the abused 1) spouse of, 2) children of, and 3) parents of a US citizen or legal permanent resident to ask for immigration relief. VAWA recipients can become eligible for legal permanent residency (green card) on their own, get work authorization, and receive protection from deportation. Learn more about VAWA Cancellation of Removal on the US Citizenship and Immigration Services website and Immigrant Legal Resource Center.
• The U visa allows domestic abuse survivors who are helpful to law enforcement or the government in investigating or prosecuting crimes to stay in the US. Those approved can eventually apply for legal permanent residency and employment authorization. Learn more about Protections for victims of crime with a U Visa. 

Note that immigration law is rapidly and frequently changing. It is recommended that the survivor speaks with an immigration lawyer about their specific immigration situation.

A domestic violence survivor may want to get a lawyer or a domestic violence victim advocate organization to help them navigate the legal process, including obtaining an Order of Protection and safety planning.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you. You can also read Illinois Coalition Against Sexual Assault’s Illinois Legal Aid Resources for Sexual and Domestic Violence Survivors and the Illinois Coalition Against Domestic Violence’s domestic violence victim service agency directory.