Victim Services

The Victim Services Unit of the DuPage County State's Attorney's Office assists in the financial reimbursement of victims who have suffered out-of-pocket expenses resulting from a criminal offense.

When a crime is committed against an individual and the perpetrator is arrested, prosecuted and found guilty of the crime, the court may order the defendant to pay restitution as a part of his sentence.

Restitution is a form of reimbursement for victims of criminal cases for actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim(s) as a result of the defendant's criminal conduct. Restitution does not cover any punitive damages.

Article 5 of the Illinois Compiled Statutes regarding sentencing allows the court to sentence the defendant to pay restitution in all convictions for offenses in violation of the Illinois Criminal Code in which a victim received any injury to their person or damage to their real or personal property as a result of the criminal act.

If you feel you are owed restitution through a criminal case that you are involved with, you must inform the Police Department that assisted you or the State's Attorney's Office prior to the completion of the case. In order to receive your restitution, send copies of any bills, receipts, insurance documentation, and estimates relating to the actual out-of-pocket expenses, losses, damages, and injuries you have incurred as a result of the defendant's criminal conduct. Please keep the State's Attorney's Office informed of any addresses changes that may occur.

Unfortunately, restitution is not a guarantee. If a defendant is found not guilty, you may have to pursue restitution through civil litigation. If a defendant is found guilty but refuses to pay restitution or is unable to comply with restitution, the State's Attorney's Office will attempt enforcement procedures against the defendant. However, a defendant may be allowed to satisfy restitution through other forms of sentencing options. These sentencing options are at the discretion of the court.

When a judge sentences a defendant in a criminal case to pay restitution, the restitution will be administered by either the State's Attorney's Office or  the Department of Probation. Any questions that you may have relating to restitution should be addressed to the following agencies:

• If your restitution is ordered through Probation, you may contact the DuPage County Probation Department at 630-407-8411. Regular office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday.
• If your restitution is ordered payable through the DuPage County State's Attorney's Office or if you are unsure of where your restitution is ordered through, you may contact the Victim Services Unit Restitution Department of the State's Attorney's Office at 630-407-8012. Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday

The Victim Services Unit of the DuPage County State's Attorney's Office offers citizens, who may have been victimized by criminal conduct, the opportunity to file an informal criminal complaint.

The first place to always go when someone has committed a criminal act against you is your local police department. Contact your local police department and indicate that you wish to sign a criminal complaint or make a report relating to a possible criminal offense. If your complaint is an emergency dial 911.

Unfortunately, every incident that you may become involved with does not result in the police initiating a criminal charge. This may happen if the situation is "civil" in nature (the matter must be handled in civil court) or there is not enough evidence to pursue a criminal charge. If the police have filed a report and have declined to pursue criminal charges, you may wish to contact the Victim Services of the State's Attorney's Office to file an informal complaint.

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 look into the specific incident by contacting the Victim Services Unit of the State's Attorney's Office at 630-407-8000, Monday through Friday between the hours of 8 a.m. and 4:30 p.m.

Once you have made an informal complaint to the State's Attorney's Office it will be reviewed by an Assistant State's Attorney for potential criminal conduct. The State's Attorney's Office will either approve criminal charges or decline criminal charges based on the police reports, any statutory requirements/limitations, and your statements.

Once a file has been reviewed by the Assistant State's Attorney, you will be informed in writing as to the decision whether or not criminal charges will be filed. If an informal complaint is declined, you will receive some information as to what other steps, if any, you may wish to pursue.

The Assistant State's Attorney will only review the informal complaint for criminal charges. Informal complaints concerning allegations that are civil in nature must be handled by your own private attorney.

There is no formal time frame for reviewing informal complaints. Response times may vary greatly depending on the current case load and the nature of the incident.

Typically consumer complaints fall under the jurisdiction of the Illinois Attorney General. Consumer or business complaints will be deferred to the Illinois Attorney General Consumer Protection Division. If you wish to contact the Illinois Attorney General they can be reached at 312-814-3000.

If you have been arrested for an incident involving the party that you wish to file the cross-complaint against, you can submit an informal complaint to the State's Attorney's Office. However, any statements made to the State's Attorney's Office through an informal complaint can and will be used against you in the criminal case of which you are the defendant. Therefore, prior to making any statements to the State's Attorney's Office, you should consult with your own private attorney.

Informal complaints are not of public record and are not subject to the Freedom of Information act. Information contained within an informal complaint will remain confidential. To obtain any documents that you may have submitted with your informal complaint you must contact the State's Attorney's Office to make an appointment at 630-407-8000, Monday through Friday between 8 a.m. and 4:30 p.m.

The State's Attorney's Office will not confirm or deny the existence of any informal complaint.

The Illinois Domestic Violence Act of 1986 was enacted to address the serious problem of Domestic Violence. This act recognizes that victims of domestic violence have suffered from a lack of both civil and criminal resources. The Domestic Violence Act offers new civil and criminal remedies to victims of domestic battery.

1. The Domestic Violence Act recognizes domestic violence as a serious crime that creates disharmony within the family and adversely affects the children who are exposed to it.
2. The Domestic Violence Act recognizes the shortcomings of the legal system that has failed to address violence within the family and has ineffectively dealt with the abuser.
3. The Domestic Violence Act promotes the enforcement of civil court orders (such as Orders of Protections) that prohibit abuse and restrict the abuser's accessibility to the victim's children and residence.
4. The Domestic Violence Act clarifies and expands the role of law enforcement officers in crimes of domestic battery. This includes better victim assistance, further education concerning domestic abuse, and new policies to insure the safety of the victim and any minor children.

The State's Attorney's Office has organized many specialized units to prosecute perpetrators of domestic violence. The Domestic Violence/Child Abuse Unit, Seniors Services Unit, Victim Services Unit, and the Children's Advocacy Center all work hand in hand to put and end to domestic violence. Furthermore, the DuPage County State's Attorneys Office has implemented Police Training Programs to keep law enforcement up to date on current changes in the laws governing domestic violence.

The Domestic Violence Act expands its scope to include five categories of behaviors that Illinois State law recognizes as abuse:

1. Physical abuse (including sexual abuse) is defined as knowing or reckless use of physical force, confinement or restraint. This definition does not include reasonable direction of a child by a parent or person acting as a guardian.
2. Harassment is defined as knowing conduct not necessary to accomplish a reasonable purpose and under the circumstances would cause distress to a reasonable person.
3. Intimidation of a dependent is defined as subjecting a person who is dependent on another because of age, health, or disability to participate in or witness the use of physical force, confinement, or restraint against another.
4. Interference with personal liberty is defined as threatening or using physical abuse, harassment, or intimidation to compel another to engage in behavior that he or she has the right to refuse refrain from.
5. Willful deprivation is defined as willfully depriving a person who because of age, health, or disability requires medication, medical care, food, shelter, or physical assistance and thereby exposing them to physical or emotional harm.

The Domestic Violence Act offers protection to victims abused by a family or household member. The Domestic Violence Act recognizes relationship categories (past or present) that constitute a family or household relationship:

• spouse
• former spouse
• parent
• child
• stepchild
• person related by blood or marriage
• sharing or formally sharing a common dwelling
• persons who have a child in common
• sharing a blood relationship through a child
• dating or engagement relationship
• personal assistant to a disabled person.

The Domestic Violence Act prohibits any harassment or abuse of any person residing or employed at a private home or shelter that is housing the abused family or household member.

The Domestic Violence Act offers Orders of Protection to protect victims of abuse. An order of protection is a civil court order that provides protection for victims of domestic abuse. A person can obtain an order of protection on an emergency basis when there is a likelihood of harm or injury by the abuser. Typically, the emergency order of protection is sought after a recent incident of domestic violence. This incident becomes the basis of the petition for the emergency order of protection. Since an emergency order of protection is sought relatively soon after an incident of violence, generally within 72 hours, a judge will hear the petitioner without the presence of the respondent (abuser). If the judge makes the finding that irreparable harm or injury is likely to occur, then the judge may enter an emergency order of protection for a maximum of 21 days.

A valid Order of Protection is enforceable by the police. A violation of an order of protection can constitute a criminal misdemeanor offense. The decision to make an arrest based on an alleged violation of an order of protection lies with the police department. If the respondent violates a valid Order of Protection, the local police should be contacted immediately.

The DuPage County State's Attorney's Office Victim Services Unit may provide assistance to victims of domestic crime seeking orders of protection. The State's Attorney's Office has the legal authority to assist a victim of a domestic abuse if there is a pending criminal case against the abuser in DuPage County. The Victim Services Advocates assist the petitioner in filing the necessary court documents and accompanies the victim to court.  The Assistant State's Attorney assigned to the order of protection courtroom may conduct legal negotiations on behalf of the petitioner or represent the petitioner's interests in an order of protection hearing. The Assistant State's Attorney's assigned to the order of protection court call work closely with the Victim Services Unit to ensure that the victim's needs are adequately meet.

The Victim Services Unit can be reached by calling 630-407-8010 between 8 a.m. and 4:30 p.m., Monday through Friday.

The Domestic Violence Act expands the role of the police departments in situations where domestic violence has occurred. Law enforcement officers are given the power to make an arrest without a warrant if there is probable cause of a domestic crime. The ability to make an "on view" arrest for domestic battery or violation of an order of protection allows the police officer to immediately remove the abuser from the victims presence.

The Domestic Violence Act increases the resources available to the police by requiring that the State Police maintain a database of all valid orders of protection. All County Sheriff's Departments must provide daily copies of court orders of protection to the State Police. The officer can access this data on the crime scene to determine the existence of any court order of protection. The police officer may also verify the existence of an order of protection by referring to a certified court copy of the order of protection. Both victims and abusers are furnished with copies of any valid court orders of protection.

The Domestic Violence Act requires that law enforcement officer's utilize all available resources to insure the safety of a victim of domestic violence. Police officer's shall provide or arrange transportation to shelters, medical facilities, or the closest available courthouse to obtain emergency orders of protection. Officers shall also escort victims to their residence to remove any personal belongings. Victims of domestic violence shall be provided a summary of their right under the Domestic Violence Act along with the officers' name and identification number. The officer shall also provide information regarding local social service agencies and emergency shelters.

The DuPage County State's Attorney's Victim Services Unit consists of Victim/Witness advocates who specialize in crisis intervention and court advocacy. Victims of domestic crime can obtain information on counseling, shelters and various social service agencies from Victim/Witness advocates without the fear of public disclosure. Victim/Witness advocates also assist victims with courtroom procedure and witness testimony.

The victim's communications concerning aspects of domestic abuse to a "domestic violence counselor" is considered confidential. These communications between the victim and the advocate include any information relating to advice, assistance, or advocacy related to domestic violence. A "domestic violence counselor" is a person who has completed a minimum of forty hours of domestic advocacy and crisis intervention training and who provides service through a domestic violence program. The Domestic Violence Act mandates that these confidential communications may not be disclosed in any criminal or civil proceeding without the written consent of the domestic violence victim. Please contact Family Shelter Service for more information at 630-469-5650. 

Victim/Witness Advocates can be reached by calling 630-407-8010 between 8 a.m. and 4:30 p.m., Monday through Friday.

The Victim Services Unit of the DuPage County State's Attorney's Office may assist victims of domestic abuse in obtaining protection to avoid future abuse through the use of orders of protection.

An order of protection is a civil court order that provides protection for victims of domestic abuse or other crimes.  A person can obtain an order of protection on an emergency basis when there is a likelihood of harm or injury by the abuser.  Typically, the emergency order of protection is sought within 72 hours of a domestic violence incident.

The Illinois Domestic Violence Act offers protection to victims abused by a family or household member.  The Illinois Domestic Violence Act recognizes relationship categories (past or present) that constitute a family or household relationship.  The following types of relationships are recognized by the Illinois Domestic Violence Act as suitable for obtaining an order of protection.

• spouse or former spouse
• parent, child, stepchild or person related by blood or marriage
• sharing a common dwelling
• persons who have a child in common
• sharing a blood relationship through a child
• dating or former dating relationship
• personal assistant to a disabled person

An order of protection can provide a variety of protections, depending on your needs.

• Grant temporary possession of the residence.
• Grant temporary physical care of the minor children.
• Prohibit the abuser from having contact with the protected parties.
• Grant temporary possession and protection to personal property necessary for daily living.
• Prevent further harassment, abuse, or intimidation.

To receive assistance from the State’s Attorney’s Office you must meet all of the following:

• There must be a relationship between the victim (Petitioner) and the abuser (Respondent).
• The Respondent has a pending criminal case or a warrant has been issued for the Respondent’s arrest involving the Petitioner in DuPage. 
• The Petitioner, Respondent or abuse has occurred in DuPage County; or the Petitioner has fled to DuPage County for his/her safety. 
• The Petitioner must be 18 years or older to file an order of protection.  In cases where the victim is a minor, a parent/guardian or other adult may petition on their behalf. 

The State's Attorney's Office may assist you with filing a protective order. If you have specific questions concerning the State's Attorney's involvement with orders of protection, contact the Victim Services Unit of the State's Attorney's Office Monday through Friday 8 a.m. to 4:30 p.m. at 630-407-8010.

Please note: The best times to arrive at the DuPage County State’s Attorney’s Office are:

• Mornings 8:00 a.m. - 10:30 a.m. 
• Afternoons 1:00 p.m. - 2:30 p.m.

Please allow at least one hour to complete the order of protection process, however, it may take longer.

Camera phones are not allowed in the building.

To expedite the order of protection process, you can begin filing your petition electronically by visiting www.illinoisprotectionorder.org.

Once you have completed the electronic filing, please come to the State’s Attorney’s Office during the hours listed above for review of your petition.

With issues such as child custody, visitation and child support, the State's Attorney's Office cannot provide legal assistance.  You may want to contact a private attorney in these matters.

If you are the victim of domestic abuse, but there is no pending criminal case in DuPage County, you may still obtain assistance with filing an order of protection.  An order of protection that is not attached to another criminal or civil case is called an independent order of protection.  Independent orders of protection offer the same protection as orders of protection connected to criminal or civil cases.  For information concerning independent orders of protection, contact Family Shelter Service at 630-407-8813 or at www.familyshelterservice.org.

A judge may impose a "no contact" condition to a defendant's bond which prohibits further physical or verbal contact with the victim of the alleged crime.  A judge will usually attach a "no contact" or "no harmful or offensive contact" condition to a defendant's bond in bond court.  The respondent on a criminal domestic battery may be ordered to refrain from entering or remaining at the victim's residence.  This may occur without the presence of the victim.  This condition of the bond will usually remain in effect for the duration of the criminal case.  If the abuser violates a "no contact" addendum to the bond, immediately notify the police department and then the State's Attorney's Office, Victim Services Unit at 630-407-8010.

A valid order of protection is enforceable by the police.  A violation of an order of protection can constitute a criminal misdemeanor offense.  The decision to make an arrest lies with the police department.  If the respondent violates a valid order of protection, the local police should be contacted immediately.