CENTER FOR STUDENT ADVOCACY AND WELLNESS

CSAW staff can discuss considerations and expectations about reporting to the police, but we are not legal experts. We can, however, connect you to a legal advocate from one of our community partners. A legal advocate can give you information about your legal rights and options, help you navigate the criminal justice system, assist you in filing for a protective order, and in some cases accompany you to court proceedings. 

It is common for survivors not to report right away. A survivor has up to five years after a sexual assault to make a report to the police, and up to three years after an incident of domestic violence or stalking. Generally, the police recommend reporting as soon as possible after the incident for investigation and evidence collection purposes.  

If you file a police report, the incident will be a matter of public record, but your name will not be used in connection with this record. Law enforcement is required to take a written report anytime someone reports sexual assault. You have the right to be treated with fairness and respect during this process. 
If the assault or abusive behavior took place on campus, you may choose to report to the ÀÖ²¥´«Ã½ University Police Department. If it took place off campus, you may choose to report to either the Evanston Police Department or Chicago Police Department, depending on location.  

The state of Illinois has protective orders available for individuals who have experienced sexual violence, domestic violence, or stalking. The orders mandate that perpetrators of these acts stay away from the survivor, and makes it illegal for them to violate the protective order once it is in place. 
You do not have to have reported your experience to law enforcement to seek a protective order.

Because protective orders are handled in Civil Court, survivors do not have to prove their experiences to the “beyond a reasonable doubt” standard we often associate with courts. Instead, survivors must prove that they have the required relationship with the perpetrator and that the offense occurred to a “preponderance of the evidence” standard, meaning it is more likely than not that the offense occurred. 

protective order criteria

Criteria	Legal Protection	Remedies & Protections	Violations
If you experienced domestic violence from a current or former dating partner, someone you share or allegedly share a child with, someone you have shared a home with, someone you are related to by blood, or someone you are related to through marriage such as a stepsibling.	Order of Protection	Remedies may include that the perpetrator is not allowed to engage in abuse toward the victim, must stay away from the victim and other protected people or places, must complete required counseling or treatment, or must surrender their Firearm Owner Identification Card and firearms.	The first violation is a Class A Misdemeanor, with any subsequent violations being a Class 4 felony.
If you experienced nonconsensual sexual conduct or sexual penetration	Civil No Contact Order	Remedies may include that the perpetrator is not allowed to contact the victim and must stay away from the victim or specific places such as the victim’s place of residence or employment.	The first violation is a Class A Misdemeanor, with any subsequent violations being a Class 4 felony.
If you experienced a course of conduct (2 or more experiences) that led you to fear for your safety or suffer emotional distress AND you are not eligible for the Order of Protection or Civil No Contact Order	Stalking No Contact Order	Remedies may include that the perpetrator is prohibited from stalking or threatening to stalk the victim, that the perpetrator may not contact the victim, or that the perpetrator must stay a certain distance away from the victim and their school, residence, or place of employment. It may also prohibit the perpetrator from having a Firearms Owners Identification Card or possessing firearms.	The first violation is a Class A Misdemeanor, with any subsequent violations being a Class 4 felony.

If you are under a credible imminent threat of experiencing domestic or sexual violence at your apartment, you can enact the Safe Homes Act by giving your landlord a written notice 3 days before or after you vacate the apartment. You do not need documentation if you are ending the lease due to a credible threat of harm.  

If you are a survivor of sexual violence that has experienced sexual violence on the property within 60 days, you can enact the Safe Homes Act by giving your landlord written notice 3 days before or after you vacate the apartment. If there is no credible imminent threat of harm, you must provide medical, court, or police evidence OR a statement from a victim service provider. 

If you have a written lease and the perpetrator is not on it, you can give your landlord a written request to change the locks because you are experiencing a credible imminent threat of domestic or sexual violence. You will have to provide medical, court, or police evidence OR a statement from a victim services provider.  

If you have an oral lease or a written lease that the perpetrator is also on, you can give your landlord a written request to change the locks because you are experiencing a credible imminent threat of domestic or sexual violence. In this case, you will need a plenary civil no-contact order or a criminal or civil order of protection. You can learn more about protective orders here.