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2 Answers | Asked in Elder Law and Domestic Violence for Illinois on
Q: How can I obtain legal assistance for my court date on August 27, 2025, in domestic violence court?

I am a senior citizen with limited resources and have a court date on August 27, 2025, in domestic violence court. I need legal representation but did not know I was supposed to request an attorney at the last court date. I have never used legal aid, and I have not received any documentation or... View More

Cheryl Powell
Cheryl Powell
answered on May 21, 2025

You need to contact the legal services office for your county. It is Prairie State in northern IL, mostly, and Land of Lincoln in central and southern Illinois. Is your case for an order of protection or what? Domestic violence can mean many things.

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3 Answers | Asked in Juvenile Law, Landlord - Tenant, Small Claims, Insurance Defense and Real Estate Law for Illinois on
Q: Car registered under father's name; can I take it if I paid for it?

I'm 17 years old and planning to leave my parents' house soon. I bought a used car with my money, but it's registered under my dad's name. My brother witnessed me paying for it, and I'm listed as a driver on my dad's insurance policy, although he refuses to transfer... View More

Cheryl Powell
Cheryl Powell
answered on May 1, 2025

You cannot have the title in your name alone unless you are 18. You were a minor when the car was purchased. It does not matter who paid for it. If your dad's name is on the title, he will want the car to be insured. You cannot take the car without your father's permission.

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2 Answers | Asked in Criminal Law and Internet Law for Illinois on
Q: Concern about legal exposure from tipping at a massage parlor using Zelle.

Several months ago, I went to a well-reviewed massage parlor in a reputable area and paid a tip using Zelle for a massage. I later discovered the place might be sketchy and am concerned about legal exposure if the parlor gets involved in illegal activities. Although I haven't been contacted by... View More

Cheryl Powell
Cheryl Powell
answered on Apr 27, 2025

I would not expect this tip to be an issue unless it was out of line with other tippers. If you gave someone an unusually large tip and the place was investigated, I would expect that you could be questioned about what services were provided to you for that tip. At this juncture, it's too... View More

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4 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Cheryl Powell
Cheryl Powell
answered on Apr 27, 2025

It sounds like you were under 21 with your earlier tickets but you are over 21 now. When a person is over 21, they are allowed 3 moving violation convictions a year. Your license gets suspended after the 3rd conviction. It is always better to take driving school to prevent a conviction from... View More

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2 Answers | Asked in Family Law and Civil Litigation for Illinois on
Q: Can I get child's belongings from maternal grandparents and prevent visitation, given guardianship worries?

I have short-term guardianship of a 15-year-old child, signed voluntarily by her mother and notarized with a DCFS caseworker's witness. Her maternal grandparents are pressuring me to bring the child to them, but she wants nothing to do with them due to claims of mental abuse and her fear of... View More

Cheryl Powell
Cheryl Powell
answered on Apr 25, 2025

So the mother signed a guardianship document. What about the father? I am not sure if this document is valid.

Did she live at the grandparents' before you?

The police may help you get her belongings since you have guardianship.

If she is scared of the grandparents,...
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2 Answers | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: Can a notarized guardianship document be ignored or vetoed by the mother?

There was an investigation through DCFS regarding issues with my kids' babysitter's living situation. Her family didn't want her, so we took her in, and her mother signed a notarized document granting short-term guardianship to me for up to 364 days. The document was witnessed by a... View More

Cheryl Powell
Cheryl Powell
answered on Apr 24, 2025

Yes, the mother can terminate the guardianship at any time since it is not a court order. I had another case where that happened recently and the mother chose to take the kids from her parents and give them to another relative. The judge allowed the children to stay at the new relatives'... View More

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2 Answers | Asked in Family Law, Child Support, Bankruptcy and Real Estate Law for Illinois on
Q: Inquiry regarding rights for house and child support with joint mortgage situation.

I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 12, 2025

You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Sexual Harassment for Illinois on
Q: What can I do about my son's abusive father

He's forced me down on him my wrist was sprained hes left dark purple bruises on my son from spanking him very hard and smacked his face to where he was so scared of his father and keeps telling me he doesnt want to go he tells me he is scared of his father at age 3 a child is scared of his... View More

Cheryl Powell
Cheryl Powell
answered on Apr 4, 2025

Call SWAN. It is a shelter for women and children in Olney. Open 24 hours. 618-392-3556. They can provide shelter, food and clothing, help with an Order of Protection, counseling for women and children. They will help you find a job, get transportation, do a resume, work with the police, take... View More

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2 Answers | Asked in Juvenile Law for Illinois on
Q: will me being blackmailed wave my crime?

I "stole" my friends car, he doesn't care but his mom does. She is making me pay her 300 bucks or she is telling the police for sure, if i pay her she may still tell. Obviously im in the wrong but now that she's blackmailing me will the crime be waved especially because my friend doesn't care?

Cheryl Powell
Cheryl Powell
answered on Mar 19, 2025

Don't pay blackmail, there is no end to that. If she turns you in, so be it. The timing of the police report will be taken into consideration. If it's your friends car and he gave you permission, what is the problem?

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2 Answers | Asked in Criminal Law for Illinois on
Q: Could I face legal trouble if a felon hasn't changed their address but doesn’t live with me and I legally own a gun?

I legally own a gun and live alone without allowing anyone, including a felon who hasn't changed their address, into my home. The gun is securely stored in a closet. Could I face any legal trouble due to the felon's unchanged address?

Cheryl Powell
Cheryl Powell
answered on Mar 19, 2025

No. The address is his responsibility, not yours. He would only have to report his address if he is on pre trial release, probation, parole or a sex offender. But if he listed your address, you may choose to let them know he does not live there anymore as his address is subject to being searched... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can I remove a 2008 firearm possession conviction to obtain a FOID card in Illinois?

I was convicted of unlawful possession of a firearm in Illinois in 2008 and sentenced to two years probation, which I completed without any incidents. I have not had any legal issues since then. However, I've been unable to obtain a FOID card because the conviction is a felony. Can I have this... View More

Cheryl Powell
Cheryl Powell
answered on Mar 4, 2025

I am not aware of any law that gives you the right to do so currently. Apparently, you were a felon on another conviction before that one. In the State of Illinois, one cannot possess a FOID card as a felon. There is a challenge to the FOID Law, however, in White County, Illinois. So check back... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: What are the requirements and responsibilities for short-term guardianship in Illinois?

I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2025

You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.

You will raise the child as yours for one year.

You are responsible for costs, including medical, educational, etc. that are...
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1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Family Law for Illinois on
Q: Can DCFS continue drug tests after 6 clean months in IL?

I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More

1 Answer | Asked in Child Support, Contracts and Family Law for Illinois on
Q: Can my maintenance be decreased after a salary reduction due to a promotion?

I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2025

I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More

1 Answer | Asked in Estate Planning, Family Law and Uncategorized for Illinois on
Q: MY SISTER REFUSES TO GIVE ME INFORMATON ABOUT OR DECEASED MOTHER'S ESTATE. HOW CAN I GET THIS INFO?

My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

Cheryl Powell
Cheryl Powell
answered on Jan 29, 2025

The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you have your probation revoked even if you get a charge and it is still in the courts

I'm having to go to court for probation being revoked but the other charge that I got I am still going to court on there's been no conviction is that legal

Cheryl Powell
Cheryl Powell
answered on Jan 28, 2025

Yes. Essentially, you have a Petition to Revoke your Probation partly based on your new charge and you have the new charge. In the PTR the state only has to prove that it's more likely than not that you committed the crime. In the new charge you have to be proven guilty beyond a reasonable doubt.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2024

Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: How can I get a no contact order lifted

My boyfriend got out on bond for domestic charges.i never pressed charges and asked if they can not instate a no contact order. They instated one anyways and I don’t want to wait a month to be able to see a judge at his next court date. States attorney never reached out or talked to me yet.

Cheryl Powell
Cheryl Powell
answered on Sep 9, 2024

You are not a party to the litigation and therefore you have no ability to file anything to change that process. You may talk to the State's Attorney to ask or to his lawyer to ask, as one of them would have to file a motion. Of course, you would want to know when the motion is heard so you... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: If I was on bond with the pre-trial conditions the same as an order of protection and the order of protection was

Dropped does that mean that the pre-trial conditions are also dropped

Cheryl Powell
Cheryl Powell
answered on Sep 3, 2024

No. The order of protection is a separate case usually with an op case number. The criminal case is a cm or cf case and one of the bond conditions is no contact with victim.

They are two separate things. Dropping of one does not equal dropping of th r other.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I was granted a temporary order of protection against an ex. I live on Illinois. When will he be served?
Cheryl Powell
Cheryl Powell
answered on Jun 12, 2024

No idea. The sheriff of the county where he lives will serve him asap. If a legal advocate at a women's center or a lawyer helped you and you want him to be on notice sooner, you could have them call him for you and tell him. Make sure they get a phone bill to prove it to the judge. You... View More

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