What is a Family or Household Member Under Illinois Law 725 ILCS 5/112A-3(3)
In Illinois, the definition of a “family or household member” is important for determining eligibility for orders of protection under the state’s Domestic Violence Act (725 ILCS 5/112A-3(3)). This act allows victims of domestic violence, sexual assault, stalking, and more to obtain civil no contact orders against their abusers.
Definition
Under 725 ILCS 5/112A-3(3), a “family or household member” includes:
- Spouses or former spouses
- Parents, children, stepchildren and other persons related by blood or by present or prior marriage
- Persons who share or formerly shared a common dwelling
- Persons who have or allegedly have a child in common
- Persons who share or allegedly share a blood relationship through a child
- Persons who have or have had a dating or engagement relationship
- Persons with disabilities and their personal assistants, caregivers, or babysitters
Additionally, the law states that “neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
“So in summary, family or household members under Illinois law include both blood relatives and non-blood relatives who are intimate partners or share a residence. This is a fairly broad definition that aims to provide protection for victims of domestic abuse even if they are not legally related to their abuser.
Purpose of the Definition
The purpose of having this inclusive definition of family and household members in the Domestic Violence Act is to protect as many victims of domestic violence as possible (725 ILCS 5/112A-1.5). By covering both familial and intimate partner relationships, the law allows more people to qualify for orders of protection.
For example, if you are being abused by your roommate or your boyfriend, you can still potentially get an order of protection under this law even though you are not married or related. The definition recognizes that domestic violence occurs between intimate partners as well as biological family members.
What Relationships Are Not Covered?
It’s important to note that not all relationships are covered under the definition of family or household members. As mentioned above, the law specifically excludes “casual acquaintanceships” and “ordinary fraternization between individuals in business or social contexts.
“So for example, if you are being stalked or harassed by a co-worker, neighbor, or friend, you may not qualify for an order of protection under the Domestic Violence Act. Instead, you would need to explore other legal options like a civil no contact order or stalking no contact order.
The definition under 725 ILCS 5/112A-3(3) also does not include roommates with no intimate/familial relationship. So if you share an apartment with someone who is abusive but you have no intimate or familial ties, you would likely not be considered a family or household member under this law.
How This Definition is Used in Orders of Protection
When someone files for an order of protection in Illinois, they have to establish that they qualify as a family or household member in relation to the respondent (the alleged abuser). They need to show that their relationship fits into one of the categories listed in the definition above.
If the petitioner does meet the definition of a family/household member, then the court can issue an order of protection if there is evidence of abuse. Types of abuse that allow for orders of protection include physical abuse, harassment, interference with personal liberty, intimidation of a dependent, willful deprivation, neglect, exploitation, stalking, and more.
But the order of protection can only restrain someone who qualifies as a family or household member. For example, if you are filing an order of protection against your abusive ex-boyfriend, you would need to provide evidence proving he was your ex-boyfriend to meet the definition.
Legislative Intent and History
Illinois’ Domestic Violence Act, including the definition of family and household members under 725 ILCS 5/112A-3(3), was enacted in 1982 to recognize domestic violence as a serious crime and provide protective remedies for victims. According to 725 ILCS 5/112A-1.5, the legislation was intended to support victims’ safety and autonomy while holding abusers accountable through court intervention.
Over the years, the definition of family and household members was expanded to provide protection for additional victims of domestic abuse. Illinois legislators recognized that intimate partners often need protection from abuse just like biological family members. So unmarried partners and former partners were added.Most recently, amendments in 2010 expanded the definition to include “persons who share or allegedly share a blood relationship through a child.” This was likely intended to close loopholes so that victims who have a child with an abusive partner can still obtain orders of protection even if they were never married or living together.
Comparison to Other States
Illinois’ broad definition of family and household members is similar to many other states. Most states include blood relatives, current and former spouses, parents of a common child, and intimate partners (including dating relationships) in their laws regarding domestic violence protective orders.
However, a few states like North Carolina also allow household members who are unrelated but living together to obtain protective orders. And
some states have expanded their laws to include foster parents, foster children, and elder caregivers as potential petitioners.
So while Illinois does not have the most expansive definition compared to all states, its inclusion of blood relatives, intimate partners, co-parents, and household members is consistent with the majority of states. The definition covers the most common domestic violence situations while allowing the courts flexibility to determine eligibility on a case-by-case basis.
What Types of Relationships Qualify for Orders of Protection
Based on the definition above, the following is a non-exhaustive list of the types of relationships that would generally qualify for orders of protection under the Illinois Domestic Violence Act:
Family Members
- Current and former spouses
- Parents, children, grandparents and grandchildren
- In-laws (mother/father/son/daughter/brother/sister)
- Stepparents, stepchildren
- Half-siblings, adoptive siblings
- Any blood relatives such as cousins, nieces/nephews, aunts/uncles
Intimate Partners
- Current and former dating partners
- Fiancés
- Girlfriends/boyfriends (even if casual dating)
- Same-sex partners
Co-Parents
- Persons who have a child together, regardless of marital status or living arrangements
Household Members
- Roommates or housemates (related or unrelated)
- Elder family members and live-in caregivers
In these types of familial and intimate relationships, the parties are considered family/household members under 725 ILCS 5/112A-3(3) in Illinois.
Of course, meeting the definition of family/household member does not automatically qualify someone for an order of protection – there still needs to be evidence of abuse. But it is the first step in determining eligibility.
Limits to the Definition of Family or Household Members
While Illinois’ definition of family and household members is broad, there are some limits in terms of who is covered. As discussed above, casual acquaintances, friends, neighbors, co-workers and other non-intimate relationships are generally excluded.
And even some family or household relationships may be questionable depending on the specifics. For example, second cousins or distant relatives who do not have a close relationship or share a household may fall outside the scope of the definition.
Additionally, some other limits include:
- Roommates without a romantic/familial relationship generally do not qualify. However, there are exceptions – such as elder caregivers who live with those they care for.
- Adult children may not qualify for orders of protection against parents if they are not dependent minors and do not reside with parents. Emancipated teenagers over 18 may also not qualify.
- Similarly, parents would likely not qualify for orders against adult children who they are not financially supporting and are not living with.
- Ex-spouses may have time limitations on eligibility for orders in some cases depending on the state law and nature of contact after divorce.
So while the definition is broad, legal practitioners still need to closely analyze the specifics of each relationship on a case-by-case basis to determine if an order of protection is appropriate. There can be grey areas that require deeper examination.
Defining Abuse for Orders of Protection
In order to obtain an order of protection in Illinois, the petitioner must be a victim of abuse by a family or household member. The state’s Domestic Violence Act defines “abuse” expansively including (725 ILCS 5/112A-3):
- Physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation
- Neglect, exploitation, physical abuse, harassment, intimidation, willful deprivation, neglect, or exploitation of an elderly person or person with a disability
- Stalking
- Intentionally causing or threatening to cause the isolation of a family or household member from their family or household
- Coercing, enticing, or inducing a family or household member to engage in conduct that they have a right to abstain from
- Attempting, threatening to commit or committing certain offenses against family/household members like:
- Battery, assault, cyberstalking, stalking
- Violating orders of protection, civil no contact orders, or bail conditions
- Interfering with judicial proceedings or law enforcement
Some key things to note about the definition of abuse under Illinois law:
- Abuse can be physical but also includes emotional, psychological, and verbal forms like harassment, deprivation, intimidation, isolation, stalking, and coercion.
- Sexual assault, while not explicitly mentioned, may qualify as abuse.
- Abuse covers harm against the elderly and disabled by caregivers they depend on.
- Abuse includes trying to induce someone into conduct they have a lawful right to abstain from.
- Attempting or threatening abuse can qualify as well as completed acts.
So in summary – the definition of abuse is purposefully broad in order to promote the protective intents of the Domestic Violence Act. Many types of coercive, threatening, violent and harassing behavior can qualify to obtain protective orders.
Defenses and Excuses
There are few defenses or excuses provided in the Domestic Violence Act that would absolve an abuser or negate eligibility for an order of protection.
One provision (725 ILCS 5/102) states that conduct by a petitioner (the victim) does not excuse abuse by the respondent (the abuser) – unless the petitioner’s conduct would excuse the abuse against someone who was NOT a family or household member.
So for example, if the petitioner slapped the respondent during the course of an argument and the respondent beat them up in retaliation, the petitioner’s action does not excuse the disproportionate violence. The exception would be if the smaller slap was so egregious that it would legally excuse a similar violent retaliation against even a stranger.
Self-defense is also available as an affirmative defense if the respondent can show they acted reasonably in defending themselves from imminent harm. However, this can be difficult to prove when there is a pattern or imbalance of power and coercion in the relationship.
Overall, victims who file for orders of protection are in vulnerable positions and may act out in frustration or anger at times. So the law aims to provide protection regardless of some imperfect behavior. The focus is on holding abusers accountable for establishing and maintaining patterns of power and control.
Practical Implications
Expanding the definition of family and household members beyond biological relationships provides better protections for victims of domestic violence in intimate partner relationships. Without an inclusive definition, many victims like unmarried partners would lack legal recourse.
However, the definition in the Illinois Domestic Violence Act still excludes some relationships like roommates and close friendships. These victims are left without options for orders of protections if they experience stalking, assault or other abuse at the hands of people they cohabit with platonically.
There are also concerns among legal advocates that the definition of abuse being expansive may lead to some fraudulent or questionable claims. Respondents can end up with records of abuse that they dispute.
Orders of protection also gain law enforcement the authority to make warrantless arrests for violations. So there is a balancing act – trying to protect legitimate victims while also preserving due process rights of those accused.
Overall the inclusive definitions in the Act likely do more good than harm. But going forward there may be legislative amendments to add further relationships, clarify time limits, and outline standards of proof. As with any law addressing intimate human relationships – controversies and complexities will continue arising.
Conclusion
Illinois law provides a broad definition of family and household members under the Domestic Violence Act in order to extend protections to intimate partner violence victims. Spouses, blood relatives, co-parents, dating partners, and household members can qualify. Practitioners should be aware that some limitations exist, as not all contacts qualify. Overall the expansive definition aims to promote safety, autonomy and accountability for victims of domestic abuse – leading to difficult but necessary balancing of interests.