Advocates and Attorneys Help Victims Gain Access

June 2, 2020

Sheltering in place is a strategy to keep more people safe during this pandemic. The cruel irony is that compounding stress, social isolation, and physical distance from connections outside the home have increased instances of domestic violence, which can include sexual abuse and assault. It is critical that victims of these crimes have access to resources that can help keep them safe—like essential court services. One of these is an Emergency Protective Order which directs an alleged abuser to stay away from the alleged victim. 

When a person has been physically assaulted by someone they have a relationship with or has been sexually assaulted by anyone, they can petition for an Emergency Protective Order at the Domestic Violence Court House, known as “555” in Chicago. The process includes filing paperwork with the clerk’s office, awaiting an emergency hearing, and explaining your case before a judge. If the order is granted, the accused person must stay away from the victim for a period of 21 days. At the end of 3 weeks, there should be a regular, scheduled hearing to decide if the temporary emergency order will be extended as a plenary order for up to 2 years. Victims’ advocates and attorneys representing petitioners—including our staff—can assist victims through these steps. However, the COVID-19 pandemic has caused troubling disruptions. 

Many victims are not aware that the court is still open for emergency matters. When they do come to file for an order, they have to wait long periods of time for an emergency hearing because fewer judges are available. Some petitioners have even been turned away and told to come back the next day because the reduced clerk staff couldn’t process their paperwork before closing time. We know these barriers are keeping victims from court supports. To improve access to essential protections, CAASE joined a working group of survivor-centered organizations such as Legal Aid Society, Legal Aid Chicago, Ascend Justice, Resilience and many more.

As a group, we are spreading the word that the court is open for emergency matters, working with the clerk’s office’s reduced staff to address wait times, and distributing a flyer about the assistance available to protective order petitioners at the courthouse. The group also successfully set up a hotline to help petitioners complete paperwork and participate in a remote hearing from home. We recognized that these issues are impacting victims at suburban courthouses too and expanded the group to surrounding communities.

After these early successes, we’ve started conversations with court staff about plans to reopen the courthouses. We anticipate a glut of cases will be awaiting judgment once the court opens for regular business. We’re currently working to make sure the transition happens as smoothly as possible without gaps in protection or added barriers for victims. 

The 555 working group is one of many strategies CAASE has adopted to serve our mission during the COVID-19 pandemic. Other examples include moving Community Engagement events online, providing Prevention Education programs via e-learning, and pivoting our Public Policy and Advocacy focus to expanding access to rape kits outside of emergency departments. We will continue to identify and rise to new challenges during this public health emergency. We hope we have your support!

To back CAASE’s work on behalf of survivors during the COVID-19 pandemic, please consider making a donation today. You can stay up to date on our efforts by following @theCAASE on Twitter, Facebook, and Instagram and subscribing to our newsletter.

This piece was authored by Hayley Forrestal. Learn more about our staff here.