Navigating life after divorce brings its own set of challenges, and sometimes, circumstances can change significantly. When these changes occur, modifying certain aspects of the divorce agreement may become necessary. Understanding the process and requirements for post-divorce modifications is crucial to ensure that the legal and practical aspects of the agreement continue to align with a family’s evolving circumstances.
Once a divorce decree is issued, it becomes a legally binding court order. However, if circumstances change substantially, it is possible to seek modifications to certain aspects of the divorce decree. Modifications may involve child custody, parenting time, child support, or spousal support (alimony) orders. It is important to note that modifications can only be made with court approval.
A protective order or Order of Protection is a court order in Illinois that requires an individual to stay away from the person they allegedly abused or stalked. It can refer to a Civil No Contact order , a Stalking No Contact Order or an Order of Protection.
The following individuals are eligible for an Order of Protection:
This includes household and family members who:
Are related to the offender by blood or via a former or existing marriage
Share a home with the offender
Dated or had a relationship with the offender
Have disabilities and were abused by their caregiver or family members
This includes individuals who have been the victims of nonconsensual sexual conduct or penetration. The orders can also protect employees and volunteers who work in a rape crisis center and the family/household members of the victim.
Retail theft is a serious offense that can have significant legal consequences in Illinois. Whether it involves shoplifting, employee theft, or other forms of retail fraud, understanding the penalties associated with these acts is crucial. In this blog post, we will explore retail theft penalties in Illinois, shedding light on the legal ramifications and emphasizing the importance of seeking professional legal assistance to navigate this challenging situation.
In Illinois, retail theft is defined as the act of knowingly taking possession of, carrying away, or transferring any merchandise offered for sale with the intent to deprive the merchant of the full retail value of the item. This offense encompasses various actions, including shoplifting, changing packaging, making fake returns, altering price tags, employee theft, etc.
If your family member, ex-spouse, or anyone else thinks your child is in danger, they may contact the Department of Child and Family Services (DCFS). Being accused of child abuse is a very shocking and devastating experience to go through. The DCFS has the authority to remove a child from their parent’s home in certain situations, so if you are facing a DCFS investigation or have been accused of harming yoru child, it is crucial to secure qualify legal represenation.
The DCFS must investigate any claim that a child is being abused or neglected in a household. They often work with local law enforcement to look for evidence that the child:
Was neglected and abused
Is at risk of being abused and neglected in the home
Or the family need DCFS services
When you are facing criminal charges for domestic violence in Illinois, you are up against life-changing circumstances. Your family and friends may see you in a different light, and if proven, the charge will be a permanent mark that can negatively impact future career and education opportunities.
Consequently, working with a skilled criminal defense lawyer is essential.
Domestic violence involves offenses against current or former household or family members, such as the following:
People you have shared a home with or are currently living with
Ex-spouses or spouses
Anyone you share a child with
Anyone who you are related to by blood or marriage, such as children, step-children, and parents
Individuals you have dated before or were engaged to
If you or another dependent member of your family is being seriously harassed or abused by another person in your household, you have the right to obtain an order of protection to prevent the perpetrator from contacting you or the dependent member.
In Illniois, the term “abuse” does not only encompass physical abuse. It can also be harassment, including neglect, creating a disturbance at one’s work or school, repeatedly contacting a person at work or school, stalking a person, keeping a person under constant surveillance, threatening physical force or confinement, or any act that interferes with personal liberty.
In Illinois, an order of protection can be obtained without notice under certain circumstances. The Illinois Domestic Violence Act governs these orders. An Illinois court will grant a petitioner an order of protection if they can prove three things.
That the petitioner or the dependent person on whose behalf the petition has been filed is a current or former family or household member of the respondent. Or a current or former romantic partner.
When a person is arrested or charged with a criminal offense in Illinois, a criminal record will be created even if the person is found not guilty. Criminal records can often be read by any member of the public. To get a criminal record erased or hidden, a person must file a Request to Expunge and/or Seal Criminal Records with a court to have a judge approve the request.
There are essentially three ways for people to erase their criminal records. Expungement erases arrests and court supervision from a person’s criminal record so it is like they never happened. Record sealing allows people to hide their criminal records from certain segments of the public, while still be accessible to entities such as law enforcement. Executive clemency is a pardon from the governor of Illinois that will authorize expungement.
When a case is dismissed without a finding of guilt, the record will be immediately eligible for expungement. If a person is sentenced to deferred prosecution, different waiting periods will apply.
The Illinois Marriage and Dissolution of Marriage Act uses the term maintenance to describe what was once known as alimony or spousal support. In Illinois, a court can grant a maintenance award to either spouse in amounts and for periods of time the court deems just without regard to marital misconduct.
The purpose of a maintenance award is to allow one spouse to continue living the life they had become accustomed to during the marriage. This may happen when mothers or fathers choose to stay home and raise the children instead of pursuing an education or career. Many different factors can impact whether a judge will order a person to make maintenance payments.
Illinois uses a basic annual maintenance formula to determine the specific amount the recipient spouse will receive. The amount awarded cannot cause a receiving spouse to earn more than 40 percent of a couple’s combined net income. The duration of time that the paying spouse must continue to provide the maintenance is determined by the length of the marriage prior to the divorce beginning, among other factors.
Domestic battery is a criminal offense established under Illinois law defined as an individual knowingly causing bodily harm or making physical contact of an insulting or provoking nature to a family or household member. A key thing to understand about domestic battery charges is that a person does not have to physically injure another party to face this type of charge.
Facing charges or a conviction of domestic battery can significantly impact someone’s life. Working with an experienced criminal defense lawyer can provide the legal guidance needed to protect your rights and avoid penalties.
To be charged with domestic battery, the alleged victim has to be a family or household member or former family or household member. Family or household members may include spouses, former spouses, parents, children, stepchildren, other people related by blood or prior marriage, people who share or formerly shared common dwellings, people who have a child in common, and caregivers.
There is often a misconception that traffic violations are altogether unserious and do not need to be worried about. However, you may be surprised to learn that it can be a very wise decision to retain legal counsel for your traffic violation, as simply accepting the fine and paying the ticket can result in adverse consequences, such as an increase in the price of insurance premiums and a potential blemish on your driving record. Furthermore, lawyers are beneficial when it comes to navigating the legal system, which, even with traffic violations, can become pretty complex. Today, we will discuss why hiring an attorney for a traffic violation may not be as crazy an idea as it may sound.
There are various ways a traffic violations defense attorney may be able to help you, including:
Explain your rights and options – A traffic violations lawyer can explain your legal rights and options, including the potential consequences of pleading guilty to a traffic violation. They can also help you understand the legal process and what to expect during court proceedings.