Frequently Asked Questions
Can the police remove someone from my home who lives with me but isn’t on the lease if I no longer want them there?
If somebody has established residence in your home (they receive mail there, their items are in the home, etc.) law enforcement cannot require them to leave unless they are arrested. This is a civil matter; we encourage you to begin the eviction process if you are the homeowner. Once the eviction process is complete, the individual will be trespassing if they return and law enforcement can remove them. Information on the eviction process can be found here.
In certain situations, an Order of Protection may also address the removal of a perpetrator from the residence and grant exclusive possession of the residence to the petitioner (or victim).
Why did the police arrest my partner/child/family member when I indicated that I did not want them arrested?
Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, including arresting the abusing party, where appropriate. (725 ILCS 5/112A-30). This is Illinois state law.
I believe the police should have arrested my abuser but they did not; what legal options do I have to pursue criminal charges?
An informal complaint is a request by a citizen for the State's Attorney's Office to investigate potential criminal conduct by a party, after the police department has declined to pursue with criminal charges. The police investigation must be completed before the State's Attorney's Office can assist with an informal complaint.
If a police investigation is completed and has not resulted in any criminal charges, you may wish to have the State's Attorney's office review the specific incident. You may obtain a copy of the report through a Freedom of Information Act request.
If your complaint is civil, and not criminal in nature, you will need to obtain your own attorney for further guidance.
I need assistance with issues related to domestic violence, but I’m not comfortable working with police or police-related resources at this time. What should I do?
Community-based domestic violence agencies provide a number of valuable resources for survivors of interpersonal violence. These agencies can assist with obtaining protective orders, provide counseling support and crisis intervention services, offer legal advocacy, assist with emergency shelter needs and more. These agencies are confidential sources of support and no engagement with police is necessary to access their services.
I want to leave my situation but I’m not sure my pet can come with me while I make my transition; are there any resources to help?
If you plan on staying in a domestic violence shelter, you may be eligible for financial support through Red Rover to board your pet in the event the shelter does not accept pets. Click here for more information on Red Rover.
More locally, Naperville Humane Society and A.D.O.P.T. Pet Shelter have short term programs that can place pets in shelter or with fosters while you work on prioritizing your safety. Click the following links for more information on the Humane Society's Safe Pets Program or A.D.O.P.T.'s Blessed Bonds Program.