CHICAGO (WLS) — For many domestic violence survivors, the abuse does not stop the moment they leave an abusive partner. Some are pressured or threatened into opening credit cards, taking out loans or assuming debt in their own names, leaving them to face years of financial strain long after the relationship ends. A new Illinois law aims to strengthen legal protections for survivors by ensuring they are not held responsible for debt they were manipulated or coerced into taking on.
“Financial abuse is very real,” Republican Illinois State Representative Nicole La Ha told the ABC7 I-Team.
La Ha said survivors of domestic abuse should not be left carrying the financial consequences of another person’s control or violence. In response, she said she sponsored bipartisan legislation in February that was recently signed into law by Governor J.B. Pritzker.
“It creates a pathway or a defense when it comes to debt that was incurred due to domestic violence,” said La Ha.
The new law creates an affirmative defense for domestic violence survivors. That means if a survivor is sued or pursued by a collection agency over debt they were forced to incur, they may be legally excused from repayment and avoid liability for that coerced debt.
“We need to make sure we have resources for them, and we need to make sure that the law helps them, that we are protecting victims, and that we’re giving them tools in the courtrooms to be able to put their abusers away,” La Ha told the I-Team.
“It’s going to keep survivors from getting mired in debt when they’re trying to leave,” said Amanda Pyron, President and CEO of The Network.
A study by the Center for Survivor Agency and Justice shows more than half of survivors experienced coerced debt during their abusive relationship.
“It’s so difficult for a survivor of coercive control to even self-identify because you know in our society the pictures of domestic violence are often physical abuse. Survivors of coercive control often feel like they’re not victims enough to go to law enforcement,” said Pyron.
Advocacy groups, such as The Network, offer financial support, help locate legal representation and guide survivors on how to accurately submit the necessary paperwork to prove coerced debt to the Illinois Department of Financial and Professional Regulation.
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“They can help you financially, because financially at home I wasn’t doing well. He basically used money against me,” said “Jane,” a survivor of domestic violence who asked not to be identified out of concern for her safety. “Jane” did not directly experience coerced debt but benefitted from financial services provided by The Network
“It was hard because I had three kids, so I had to do what I could to provide for my children… I’m thankful that The Network was able to help me financially, and with that money I was able to save money. So then when I left, I had some financial stability for my children and for me to continue life,” “Jane” told the I-Team.
“It allows for financial relief for survivors who have experienced coercive control or financial abuse that has led to a credit agency contacting them,” said Pyron.
“This creates a very clear legal pathway for survivors to improve their credit, and the prosecutors work to make sure that the credit bureaus are notified when a judgment is issued that a survivor should not be responsible for this debt,” said Pyron.
“We’d love any new tools that we can get to be able to further enable us to protect people from being abused. A lot of this is done in partnership with our state’s attorney’s office, within our law enforcement agencies,” said Jim Kaitschuk, Illinois Sheriffs’ Association Executive Director.
“I hope that I can show my children that no matter what you go through in life, there’s always a path, and there’s so much to life. There’s so much that you can do,” said “Jane.”
The new law takes effect on January 1. The Network says it plans to launch a public awareness campaign. Representative La Ha tells the I-Team law enforcement, judges, attorneys, and advocates will be trained to make sure the legislation is implemented effectively.
You can contact the Illinois domestic violence hotline at 1-877-863-6338 click here for more information.
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