Recently, I organized a Cook County Board hearing that revealed the systemic failures and lack of coordination between government agencies that are affecting victims seeking justice and safeguard within the Circuit Court system. This is deeply personal, as my sister was one of the dozens of brave survivors who shared their stories.
We are experiencing an alarming rate of domestic-related deaths, and tragic cases involving women and their children are at a crisis point. In Chicago alone, domestic homicides by firearm have increased by nearly 82%.
At the hearing, State’s Attorney Eileen O’Neill Burke shared about her immediate efforts to reform her office’s response to domestic violence and create a criminal justice system that focuses on victims, who then can become survivors of domestic and gender-based violence. We applaud her efforts and look forward to a continued partnership with the state’s attorney’s office to reimagine the criminal justice system.
In addition to the criminal courts, Cook County’s unified court system encompasses a vast civil court system, which includes civil domestic violence and domestic relations divisions. Troubling testimony from victims at the hearing exposed the failures of the domestic relations division, which oversees almost four times the number of cases as the criminal domestic violence courts.
These civil domestic relations courts are a primary point of contact with victims and their children. If a victim of domestic violence seeks an order of protection while also seeking child support, divorce or other civil matter, the order of protection is transferred from the domestic violence to domestic relations court. As the Office of the Chief Judge noted, this transfer means the victim loses all access to resources including working with an assistant state’s attorney or a domestic violence advocate.
The testimony from victims about the failure of a fragmented court system to provide adequate services and protect the women and children seeking their support was heartbreaking. Survivors testified about the lack of services, devastating wait times, abusive judges, and a complicated and expensive system impossible to navigate to receive relief.
Perhaps the most revealing testimony was about the lack of training of judges in domestic relations court and their lack of attention to prior restraining orders and protective orders. Survivors testified about the failure of judges to hear their concerns and address their needs, and the inability to document these failures due to the lack of court reporting and access to court data.
The testimony is particularly disturbing given the steep rise we have seen in domestic violence homicides recently. According to an analysis by the Chicago77 Group, the city of Chicago had a higher domestic homicide rate per capita than New York City and Los Angeles County combined in 2023.
By law, civil orders that are not served do not become public record. According to an analysis by CBS affiliate WBBM-Ch. 2, 75% remain unserved in Cook County, meaning evidence in those cases is not available to prosecutors, law enforcement and other victims, and serial abusers go undetected. In a Chicago77 survey of litigants in domestic relations court, 90% said they felt they were in danger and worried about the safety and well-being of their children.
The wait time in domestic relations court is also staggering. The average case length was four years (with many still ongoing) and the longest case reported lingered for 15 years. Many of the children were reported to have been victimized or experienced violence vicariously by the other party during the duration of the cases. In addition, once in domestic relations court, judges routinely assign victims to cover costs including child representation, psychological testing and attorney’s fees.
Burke described the state of domestic violence court as a “house on fire.” Her office lacks access to important court records to assist victims when a criminal case is pending, leading her to request access to civil orders of protections from the Office of the Chief Judge. She also noted that despite the connection to recent homicides, her office has no contact with the domestic relations court.
As county commissioners, we must be responsible fiscal stewards of public resources. As we approach budget review, I will be looking for a commitment to increase access to court system data to address the serious concerns raised in these hearings. Taxpayers and victims deserve nothing less.
Cook County Commissioner Donna Miller represents the 6th District.
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