Domestic Violence Act Chicago & DuPage County IL.

"Failure to Protect" refers to situations where law enforcement does not adequately respond to or prevent domestic violence, resulting in harm to the victim. This can encompass a range of actions or inactions, from not responding to emergency calls promptly to not providing adequate support or protection after abuse is reported.

Traditionally, municipal entities and their employees have enjoyed immunity from civil claims alleging failure to provide protection services or adequately perform those services. However, in Illinois, the legislature has enacted a domestic violence statute that limits the immunity of law enforcement personnel in order to encourage the police to carry out their duties towards victims of intimate partner abuse. The Illinois Supreme Court interpreted the immunity provision of the Illinois statute to provide a remedy for victims enabling them to bring suit against the police who mishandled their case. This right of action is unique as compared to the remedies established for domestic violence victims in other jurisdictions because of the breadth of protection it provides specifically to domestic violence victims for a wide variety of police misconduct.

The police have a duty to protect individuals from harm, including domestic violence. This duty involves responding to reports of domestic violence, investigating allegations, and taking necessary actions to prevent further abuse, such as enforcing restraining orders.  When law enforcement fails to meet its responsibilities, it can lead to further harm to the victim. Generally, police are not subject to lawsuits based on the failure to prevent a person from being physically harmed.  However, under the Illinois Domestic Violence Act (IDVA), persons who police have reason to know are subject to abuse, are protected under this Act, and police can be subject to lawsuits for their willful and wanton failures or actions.

Victims of domestic violence may file civil lawsuits against law enforcement agencies for willfully and wantonly failing to protect them. These lawsuits typically argue that a police officer’s failure to act was a contributing factor to the harm suffered by the victim.  Proving that a law enforcement agency failed to protect a victim of domestic violence can be challenging. Plaintiffs must demonstrate & prove that the police had a duty to protect them, that this duty was breached, and that the breach directly led to their harm.

Victims of domestic violence have the right to seek legal protection and justice. This includes the right to report abuse without fear of retribution, to have their reports taken seriously, and to receive protection from further harm.

Dvorak Law Offices, LLC is the leading firm in Illinois as far as advancing the cause of a victim’s right to sue under the Illinois Domestic Violence Act.  This firm has obtained the largest IDVA verdict in Illinois history, and has won three separate appeals concerning these matters.  There is no law firm in Illinois better suited to take your civil IDVA case than Dvorak Law Offices, LLC.

Chicago, IL

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