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In Illinois, more than 40 percent of women and 25 percent of men say they have been victims of domestic violence. It is these statistics that have propelled the state to enact stringent domestic violence laws. Part of these laws includes the right of an alleged victim to request the court issue an order of protection against the person they say has abused them. Violating an order of protection can result in serious consequences, including automatic jail time. If you have been accused of domestic violence, you need an Illinois criminal defense attorney representing you.
Under Illinois law, victims of domestic violence may apply for an order of protection against their alleged abuse. The request can be issued for any allegations of the following acts:
Physical abuse
Harassment
Interference with personal liberty
One of the most critical issues a divorcing couple has to come to an agreement on is child custody, referred to as the allocation of parental responsibilities under Illinois law. While some couples are able to work together to come up with a custody and parenting plan that they both agree on, the relationships of many other couples have broken down so irretrievably that they cannot agree on anything.
Having a seasoned Illinois family lawyer advocating for you and negotiating on your behalf can be crucial to ensuring that your parental rights are protected. The following are some of the issues that should be addressed in your child custody order.
While some issues that should be included in your parenting plan may be obvious, there are other issues that many parents do not even consider including–until after the ink on the agreement has long since dried and the issue becomes a problem. If this happens, it can result in one parent filing requests with the family court to modify the original custody order and the potential for another legal battle.
Every state makes its own laws when it comes to divorce, child custody, and child support. This also includes whether or not a parent will be responsible for any contributions towards their child’s college education. In Illinois, the state is committed to ensuring that every person has the opportunity to obtain an education. This can also include requiring a parent who has the means to pay towards their child’s college education.
Under Illinois law, the judge presiding over a divorce can order parents to pay for a child’s educational expenses. This not only includes tuition for school, but also can include other educational-related expenses, as well. This may include books, supplies, housing, food, and other expenses associated with the child completing their studies. It is also important to note that this order does not just cover college or attending a university but can also cover the cost of the child attending a vocational school, trade school, or any other training for a career.
Many studies have been done that reveal that many couples stay in unhappy marriages instead of leaving. There are a number of reasons why they stay. Some stay because they think it is better for their children. Others stay because they still hope they will be able to work things out with their spouse.
Regardless of the reason why someone stays in an unhappy marriage, once they do decide to leave, the majority of people do not regret their decision after time and distance has given them a chance to heal.
Ending your marriage and going through the divorce process is often a significant emotional time, even if the divorce is your choice. There are a gamut of feelings you may experience – anger, sadness, and grief. The following are a list of steps that will help you “recover” from divorce, just like other 12 step programs for recovery.
Ask most people who have been involved in a divorce with children and they will probably agree that issues over child custody were the most difficult and contentious part of the divorce. Unfortunately, child custody issues do not always settle down once the divorce process is complete. Many divorced couples often continue disagreeing over parenting issues and it is not uncommon for one or both parents to file for child custody modification.
However, there appears to be one legal loophole some parents of teenagers are using that not only crushes any further child custody hearings, but likely causes emotional harm to that child in the long-term – consenting to the teen getting married.
Under Illinois law, an individual must be at least 18 years of age in order to legally marry. But Illinois law – as well as many other states in the country – allows 16- to 18-year-old teens to get married as long as they have the written consent of one parent.
A new Illinois law will allow domestic violence victims to file for an order of protection online instead of requiring them to file in person. The law will also require any court that is located in a county that has a population of more than 250,000 residents to offer the option of remote hearings to obtain orders. The new law goes into effect January 1, 2023.
According to national statistics from the Centers of Disease Control and Prevention (CDC), about 36 percent of women and 34 percent of men have suffered harm by an intimate partner at some point in their life. In Illinois, it is estimated that 42 percent of women (two million) and 26 percent of men (one million) have been domestic violence victims.
Being involved in a car accident is a very stressful experience. But being involved in a car accident when you have been drinking can also turn into a criminal case. Although your first instinct may be to panic or even run away, there are steps that you should take in order to protect yourself in the event you will be arrested and charged with DUI.
In Illinois, if you have been involved in an accident where someone has been injured and/or there has been property damage, you are required by law to exchange information with the other driver and report the accident to the police. Once the officer arrives on the scene and they suspect you have been drinking, it is crucial not to make any oral or written statements to the officer. You will want to consult with a defense attorney before making any statements.
Several years ago, there was a major overhaul to Illinois family law statutes. This included the statute that addressed child custody. Part of that change involved eliminating the phrase child custody and replacing it with the phrase “allocation of parental responsibilities.” When parents are splitting up, they must either come to an agreement – or the court will decide for them – about which parent is responsible for making certain decisions for the child, including which religion the child will be brought up in.
It can be difficult to choose a religion for a child. This is particularly true if parents go through the divorce process when a child is young and has not yet begun partaking in a certain religion. Religion can also be difficult in a divorced family when a child grows up and becomes more involved in a religion. For instance, religion may play a role in where a child attends school. Religious activities and events may also interfere with parenting time.
One of the most common crimes that a person can be charged with are property crimes. Property crimes include robbery, burglary, shoplifting, larceny, and theft, including motor vehicle theft. If you have been charged with a property crime, it can be a stressful and even frightening time. The criminal justice system can be complex and intimidating, and depending on the circumstances of your case, a conviction could even mean jail time. This is why anyone charged with a property crime should consider retaining the services of a defense attorney. The following are some of the possible defenses an attorney may be able to use in a property crimes case.
One of the strongest defenses against a robbery charge is that the person accused was not in the area where the crime was committed. If a person can prove they were somewhere else when the crime took place, it is a significant defense and one the prosecutor would have a hard time proving “beyond a reasonable doubt.” There are a number of ways that a person can prove their alibi, such as cell phone tower records, witness testimony, credit card receipts, and video footage.
The long-term financial impacts of divorce can be expensive. If both spouses worked during the marriage, they will now be going from two incomes to one, with their collective income now supporting two sets of living expenses, as well as funding two separate savings and retirement accounts. Essentially, removing the financial stability of a dual income home. However, planning ahead can help. If you are considering a divorce, many financial advisors and attorneys suggest taking the following steps, so you are on firmer financial ground if and when you decide to file.
Gather Documents - It is critical to know what your current financial standing is, especially if it has been your spouse who has been the one to primarily handle household expenses. The first step is to obtain all copies of any bank accounts and investments statements for the past year. If you and your spouse own property or vehicles, you also want to make sure you have copies of any deeds and/or titles.
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