Reaching out for help after domestic violence or sexual assault is often difficult, and it is often not a single step. A survivor may need help from multiple resources, such as law enforcement, the courts, a hospital, and a local advocacy organization, sometimes all in the same day.
Illinois recently passed three laws to improve different parts of that process. Senate Bills 3044, Senate Bill 3048, and Senate Bill 3506 are written to address gaps involving Orders of Protection, high-risk domestic violence calls, and access to sexual assault examinations.
Here is what is changing and when.
Will an Emergency Order of Protection Remain in Effect Until the Final Order Is Served?
Beginning January 1, 2028, Senate Bill 3044, now Public Act 104-0835, will help prevent a gap between an Emergency Order of Protection and a Plenary Order of Protection.
Emergency Orders of Protection are temporary. When a court later enters a plenary, or final, order, delays in serving the respondent can create uncertainty about whether the protections remain enforceable.
The new law allows the emergency order to remain in effect until the court serves the plenary order. It also addresses situations in which a respondent may be presumed to know about the final order, including when the respondent was properly served in the case, failed to appear, and had already received an emergency order containing the same restrictions.
Similar changes apply to Civil No Contact Orders and Stalking No Contact Orders. This does not make service unimportant; it prevents someone from creating a dangerous gap in protection by avoiding service.
What Is a Domestic Violence Lethality Assessment?
A lethality assessment is a short screening used to identify signs that intimate partner violence may be escalating toward serious injury or death.
Questions in the assessment may address threats to kill, access to firearms, strangulation, stalking, increasing violence, or extreme control. The assessment cannot predict exactly what someone will do, but it gives trained officers a consistent way to recognize warning signs and connect a survivor with domestic violence services.
Senate Bill 3048, now Public Act 104-0836, creates a statewide framework for using these assessments during certain law enforcement responses.
The law takes effect January 1, 2027, but its implementation will happen in stages. The Illinois Department of Human Services and Illinois State Police must recommend a statewide lethality assessment toolkit by January 1, 2028. Law enforcement agencies must begin administering the required assessments no later than July 1, 2031.
Once implemented, a trained officer will administer an assessment when an allegation of intimate partner domestic violence results in an arrest. An assessment will also be required when no arrest is made, but there is evidence of assault, battery, or other physical violence between intimate partners.
Can a Survivor Say No to a Lethality Assessment?
A survivor can choose not to answer the question, and an officer cannot complete the assessment without consent.
If the survivor declines or cannot continue, the officer will note it in the police report. The survivor must still be given information for a local domestic violence center.
The completed assessment is not available to the public and cannot be disclosed. That information is kept out of the report, so a referral does not reveal where someone may be turning for help.
Will Answering the Questions Start an Order of Protection Case?
No. The screening does not start a court case, order an arrest, or decide whether to file criminal charges. Those decisions all happen separately.
The reason the assessment was given may still become relevant later. For example, threats, strangulation, stalking, access to a gun, or violence that has recently become worse may be important when someone asks the court for an Order of Protection or raises safety concerns involving parenting time.
What If a Hospital Does Not Have a Sexual Assault Nurse Examiner?
This is the issue Senate Bill 3506, now Public Act 104-0837, is meant to address.
Sexual Assault Nurse Examiners have specialized training, but they are not available at every Illinois hospital. In some areas, a survivor may have to wait or travel to another facility before receiving an examination.
The new law allows certain hospitals and approved pediatric facilities to use TeleSANE. TeleSANE is short for telehealth Sexual Assault Nurse Examiner, which is a telemedicine service that works with hospital and emergency room clinicians with off-site, expert forensic nurses to assist with guidance for medical exams for sexual assault survivors. The medical provider remains in the room with the patient and receives virtual assistance from a qualified sexual assault examiner. This service allows more hospitals a way to provide care, to document injuries, and collect evidence without having to transfer the patient somewhere else.
Most of Senate Bill 3506 takes effect January 1, 2027, and certain provisions involving medical forensic examinations will take effect June 1, 2027.
How Could These Changes Affect an Illinois Family Law Case?
Domestic violence and sexual violence can affect more than a criminal investigation. Safety concerns may also become relevant in divorce, parenting, and Order of Protection cases.
Depending on the circumstances, a court may be asked to consider:
- Exclusive possession of a shared home
- Temporary parenting arrangements
- Restrictions or conditions on parenting time
- Communication between the parties
- Firearm possession
- Protection of children, pets or other household members
A risk assessment, police report, or medical examination does not decide a family law case on its own. Each case depends on its facts and the evidence presented to the court, and these records may become part of the larger picture when safety is at issue.
What Do These New Laws Mean for Illinois Survivors?
Together, these laws address three points where survivors may encounter serious barriers: waiting for a final protective order to be served, responding to a potentially dangerous domestic violence incident, and finding specialized medical care following a sexual assault.
They do not remove every obstacle or guarantee a particular result in court but are intended to make the systems surrounding survivors more responsive when someone reaches out for help.
If domestic violence, stalking, or sexual violence is affecting you or your family law matter, Sterk Family Law Group can help you understand the legal options that may be available. Our attorneys assist clients with Orders of Protection, divorce, parenting matters, and other family law concerns throughout Cook, Will, DuPage, and Kane Counties. We also have a robust Resource Center with hundreds of trusted professionals who may assist you outside the legal realm. You can call our office at 815-600-8950 or complete the form below to schedule a free, no-obligation consultation.
If you are in immediate danger, call 911. The Illinois Domestic Violence Hotline is available at 877-863-6338.