ILCS » Chapter 750 · Act 60
Illinois Compiled Statutes

750 ILCS 60/304 (2026)

Assistance by law enforcement officers

✓ current as of May 2026
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(750 ILCS 60/304) (from Ch. 40, par. 2313-4)
    Sec. 304. Assistance by law enforcement officers.
    (a) Whenever a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, neglect, or exploitation, including:
        (1) Arresting the abusing, neglecting, and exploiting
    
party, if appropriate. However, if the alleged offender is a juvenile, then the officer, based on the totality of the circumstances and using the Adolescent Domestic Battery Typology Tool, may choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and the juvenile's family in finding alternative placement. In any situation in which law enforcement does not make an arrest under this Act, the officer shall forward the report of the incident to the State's Attorney's office for review;
        (2) If there is probable cause to believe that
    
particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
        (3) Accompanying the victim of abuse, neglect, or
    
exploitation to his or her place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
        (4) Offering the victim of abuse, neglect, or
    
exploitation immediate and adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under subsection (c) of Section 217 and the officer's name and badge number;
        (5) Providing the victim with one referral to an
    
accessible service agency;
        (6) Advising the victim of abuse about seeking
    
medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
        (7) Providing or arranging accessible transportation
    
for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under subsection (c) of Section 217. When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.
    (b) Whenever a law enforcement officer does not exercise arrest powers or otherwise initiate criminal proceedings, the officer shall:
        (1) Make a police report of the investigation of any
    
bona fide allegation of an incident of abuse, neglect, or exploitation and the disposition of the investigation, in accordance with subsection (a) of Section 303;
        (2) Inform the victim of abuse neglect, or
    
exploitation of the victim's right to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
        (3) Advise the victim of the importance of seeking
    
medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
    (c) Except as provided by Section 24-6 of the Criminal Code of 2012 or under a court order, any weapon seized under subsection (a)(2) shall be returned forthwith to the person from whom it was seized when it is no longer needed for evidentiary purposes.
(Source: P.A. 104-290, eff. 11-13-25.)

    
Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1993–2024 · leading case: Moore v. Green, 848 N.E.2d 1015 (Ill. 2006).
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Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). · cites it 12× “See 750 ILCS 60/304 (West 2002); see also Calloway, 168 Ill.”
Calloway v. Kinkelaar, 659 N.E.2d 1322 (Ill. 1995). · cites it 4× “) 750 ILCS 60/304 (West 1992). Section 305 limits law enforcement liability, as follows: "Limited law enforcement liability.”
Lacey v. Vill. of Palatine, 904 N.E.2d 18 (Ill. 2009). · cites it 3× “” 750 ILCS 60/304(a) (West 2002). The inclusion of the word “immediately” is critical to our understanding of this section.”
Robert Simmons v. Ronald Pryor & City of Evanston, 26 F.3d 650 (7th Cir. 1994). · cites it 4× “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
People v. Ward, 2021 IL App (2d) 190243 (Ill. App. Ct. 2021). · cites it 3× “” The prosecutor argued that, “[p]ursuant to 750 ILCS 60/304(a)(1) (West 2018), it actually cites to how when a police officer observes an act of domestic violence he is required to make an arrest.”
Robert Simmons v. Ronald Pryor & City of Evanston, 9 F.3d 555 (7th Cir. 1993). · cites it 4× “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
Beyer v. City of Joliet, 910 N.E.2d 621 (Ill. App. Ct. 2009). · cites it 6× “A person protected under the Act is any person abused by a family or household member (750 ILCS 60/201(a)(i) (West 2004)), and law enforcement has a duty to act whenever an officer has reason to believe that a person has been abused (750 ILCS 60/304(a) (West 2004)). I specially…”
Sanchez v. Torres, 2016 IL App (1st) 151189 (Ill. App. Ct. 2016). · cites it 2× “rpetrator; (ii) seizing weapons used by the alleged perpetrator; (iii) accompanying the victim to his or her residence to remove personal effects; (iv) offering the victim information summarizing the relief available under the Act; (v) providing the victim with a referral to a…”
Huff v. Rock Island Cnty. Sheriff's Merit Comm'n, 689 N.E.2d 1159 (Ill. App. Ct. 1998). · cites it 2× “750 ILCS 60/304(b) (West 1996). When Sgt.”
Abruzzo v. City of Park Ridge, 870 N.E.2d 1012 (Ill. App. Ct. 2007). · cites it 3× “” 750 ILCS 60/304 (West 2002). The section goes on to enumerate several specific means law enforcement officers can take to prevent further abuse, including, for example, to make arrests, seize weapons, accompany the victim to his or her residence, or to provide the victim with…”
Fenton v. City of Chicago, 2013 IL App (1st) 111596 (Ill. App. Ct. 2013). · cites it 2× “750 ILCS 60/304(a) (West 2002). Harassment is included in the definition of abuse in the statute.”
People v. Jones, 2015 IL App (2d) 130387 (Ill. App. Ct. 2015). “3d 1149, 1159 (1999) (Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 1994)) puts an affirmative duty on the police to respond to and investigate complaints); see also 750 ILCS 60/304(a) (West 2010). ¶ 15 Defendant contends, however, that once defendant assured…”
Show all 27 citing cases →
— 750 ILCS 60/304(a) — 15 cases
Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). “See 750 ILCS 60/304 (West 2002); see also Calloway, 168 Ill.”
Lacey v. Vill. of Palatine, 904 N.E.2d 18 (Ill. 2009). “” 750 ILCS 60/304(a) (West 2002). The inclusion of the word “immediately” is critical to our understanding of this section.”
Fenton v. City of Chicago, 2013 IL App (1st) 111596 (Ill. App. Ct. 2013). “750 ILCS 60/304(a) (West 2002). Harassment is included in the definition of abuse in the statute.”
People v. Jones, 2015 IL App (2d) 130387 (Ill. App. Ct. 2015). “3d 1149, 1159 (1999) (Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 1994)) puts an affirmative duty on the police to respond to and investigate complaints); see also 750 ILCS 60/304(a) (West 2010). ¶ 15 Defendant contends, however, that once defendant assured…”
Sanchez v. Torres, 2016 IL App (1st) 151189 (Ill. App. Ct. 2016). “rpetrator; (ii) seizing weapons used by the alleged perpetrator; (iii) accompanying the victim to his or her residence to remove personal effects; (iv) offering the victim information summarizing the relief available under the Act; (v) providing the victim with a referral to a…”
— 750 ILCS 60/304(a)(1) — 5 cases
People v. Ward, 2021 IL App (2d) 190243 (Ill. App. Ct. 2021). “” The prosecutor argued that, “[p]ursuant to 750 ILCS 60/304(a)(1) (West 2018), it actually cites to how when a police officer observes an act of domestic violence he is required to make an arrest.”
Davis v. Vill. of Maywood, 2023 IL App (1st) 211373 (Ill. App. Ct. 2023).
Lacey v. Vill. of Palatine, 882 N.E.2d 1187 (Ill. App. Ct. 2008).
People v. Ward, 2024 IL App (2d) 190243-U (Ill. App. Ct. 2024).
Moore v. Chicago Police Dep't Officer Green (Ill. App. Ct. 2004).
— 750 ILCS 60/304(a)(2) — 1 case
People v. Ward, 2021 IL App (2d) 190243 (Ill. App. Ct. 2021). “” The prosecutor argued that, “[p]ursuant to 750 ILCS 60/304(a)(1) (West 2018), it actually cites to how when a police officer observes an act of domestic violence he is required to make an arrest.”
— 750 ILCS 60/304(a)(3) — 4 cases
Lacey v. Vill. of Palatine, 904 N.E.2d 18 (Ill. 2009). “” 750 ILCS 60/304(a) (West 2002). The inclusion of the word “immediately” is critical to our understanding of this section.”
Robert Simmons v. Ronald Pryor & City of Evanston, 26 F.3d 650 (7th Cir. 1994). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
Robert Simmons v. Ronald Pryor & City of Evanston, 9 F.3d 555 (7th Cir. 1993). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
Lacey v. Vill. of Palatine (Ill. 2009).
— 750 ILCS 60/304(a)(7) — 1 case
Beyer v. City of Joliet, 910 N.E.2d 621 (Ill. App. Ct. 2009). “A person protected under the Act is any person abused by a family or household member (750 ILCS 60/201(a)(i) (West 2004)), and law enforcement has a duty to act whenever an officer has reason to believe that a person has been abused (750 ILCS 60/304(a) (West 2004)). I specially…”
— 750 ILCS 60/304(a)(l) — 3 cases
Robert Simmons v. Ronald Pryor & City of Evanston, 26 F.3d 650 (7th Cir. 1994). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
Moore v. Chicago Police Dep't Officer Christopher Green, 822 N.E.2d 69 (Ill. App. Ct. 2004).
Robert Simmons v. Ronald Pryor & City of Evanston, 9 F.3d 555 (7th Cir. 1993). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
— 750 ILCS 60/304(b) — 6 cases
Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). “See 750 ILCS 60/304 (West 2002); see also Calloway, 168 Ill.”
Sanchez v. Torres, 2016 IL App (1st) 151189 (Ill. App. Ct. 2016). “rpetrator; (ii) seizing weapons used by the alleged perpetrator; (iii) accompanying the victim to his or her residence to remove personal effects; (iv) offering the victim information summarizing the relief available under the Act; (v) providing the victim with a referral to a…”
Huff v. Rock Island Cnty. Sheriff's Merit Comm'n, 689 N.E.2d 1159 (Ill. App. Ct. 1998). “750 ILCS 60/304(b) (West 1996). When Sgt.”
Davis v. Vill. of Maywood, 2023 IL App (1st) 211373 (Ill. App. Ct. 2023).
Moore v. Green (Ill. 2006).
— 750 ILCS 60/304(b)(1) — 4 cases
Huff v. Rock Island Cnty. Sheriff's Merit Comm'n, 689 N.E.2d 1159 (Ill. App. Ct. 1998). “750 ILCS 60/304(b) (West 1996). When Sgt.”
Romito v. City of Chicago, 2019 IL App (1st) 181152 (Ill. App. Ct. 2019).
Lacey v. Vill. of Palatine, 882 N.E.2d 1187 (Ill. App. Ct. 2008).
Lacey v. Vill. of Palantine (Ill. App. Ct. 2008).
— 750 ILCS 60/304(b)(2) — 2 cases
Robert Simmons v. Ronald Pryor & City of Evanston, 26 F.3d 650 (7th Cir. 1994). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
Robert Simmons v. Ronald Pryor & City of Evanston, 9 F.3d 555 (7th Cir. 1993). “The general order, which is patterned on the Domestic Violence Act, 750 ILCS 60/304 (1992), also instructs officers that the victim should be informed of his or her rights and encourages the police to get more involved in calls relating to a domestic disturbance in order to…”
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