Illinois Lawmakers Urged to Pass Karina’s Bill

 Posted on February 05, 2024 in Family Law

Illinois lawmakers are considering a bill that would allow judges to issue search warrants with orders of protection to remove any guns in possession of the abusers. Nothing under Illinois law currently provides specific guidance to the courts and law enforcement. Despite this lack of guidance, the bill failed twice in last year’s legislative session. Anyone who is a domestic violence survivor should speak with an Illinois family lawyer to find out what steps they can take to protect themselves and their families.

What Is an Order of Protection?

In Illinois, an order of protection is a legal document issued by the courts to protect individuals from harassment, abuse, or threats from another person. It is typically issued in cases of domestic or family violence, stalking, harassment, or other forms of intimidation.

To obtain an order of protection, the person seeking the order (petitioner) must file a complaint detailing their reasons for seeking the order, accompanied by any evidence or witness statements that support their claims. There are two types of orders the court can grant:

• Emergency order – Protects for up to three weeks and is often granted without prior notification to the abuser.
• Plenary order – Protects for up to two years. Once the emergency order is issued, the abuser is notified, and a hearing is scheduled, at which the court will decide whether to extend the order from an emergency to a plenary. 

An order of protection can include various provisions, such as prohibiting the abuser from contacting the petitioner, coming near their residence, place of employment, or school, and using third parties to contact the petitioner.

Karina’s Bill

The proposed bill – HB4469 – is called Karina’s Bill after Karina Gonzalez, a Chicago woman killed, along with her 15-year-old daughter, by her husband last July. Two weeks before their murders, Ms. Gonzalez went to the police to file a complaint against her husband because he had threatened to kill her. The complaint included the information that her husband had a Glock 9mm handgun, which led Chicago police to issue a “clear and present danger” report and the Illinois State Police to revoke his firearm owner’s identification card (FOID).  

Although the order of protection banned her husband from the home, he refused to leave. On July 3, 2023, her husband shot Karina eight times. He also shot and killed her daughter and shot and wounded his 18-year-old son.

Under current Illinois law, although the husband’s FOID card was revoked because of the order of protection, there is nothing that addresses what happens to any guns an individual owns in these situations. However, the proposed bill would stipulate that police have the authority to remove any firearms immediately after an order is issued. They would be required to complete that removal within 48 hours.

Contact a DuPage County, IL Domestic Violence Lawyer for Legal Assistance

If you are a domestic violence survivor and need help to get away from your abuser, do not delay in contacting Mevorah & Giglio Law Offices to speak with one of our dedicated Lombard, IL family law attorneys. Call 630-932-9100 today to schedule a free and confidential consultation.