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Questions Answered by Cheryl Powell
1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Need representation for combating a protective order.

So, I'm receiving a inheritance under the condition I no longer speak to other family members. I don't really care about having a relationship with them. They screwed me out of billions of dollars.

After the entire inheritance was setup I was notified by the family lawyers... View More

Cheryl Powell
Cheryl Powell
answered on Mar 28, 2024

There are many terms that mean vastly different things. Have you received any papers? A protective order is different from a restraining order, a preliminary injunction, a no contact order and a no stalking order. The precise language used here matters. What will get you gun rights taken away... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Can my brother-in-law’s aunts and uncles take away his home and property?

My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2024

Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from... View More

Cheryl Powell
Cheryl Powell
answered on Feb 5, 2024

A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: 've been married for going on 14 years and want a divorce husband is overseas how do I do that?

Hi my name is Sarah by the way.

We have been separated I would say 2 years into our marriage because he ended up going back to his homeland and have not heard from him since what do I do

Cheryl Powell
Cheryl Powell
answered on Jan 21, 2024

1. Can you reach an agreement? If so, you can send him papers to sign.

2. If no agreement, have to serve him with a process server.

3. If do not know where he is, then he just has to be served by publication in the newspaper but that limits the relief that can be sought.

It's doable.

1 Answer | Asked in Family Law for Illinois on
Q: I gave my 17 year old daughter consent to go visit her friend in New York and she was suppose to come back home.

Do I have a legal right as her mother to go to New York and make her come back home to Illinois?

Cheryl Powell
Cheryl Powell
answered on Jan 20, 2024

Yes, but The police deal with this issue differently in different jurisdictions. I would call the police dept that covers this area and see what their procedures are. She is essentially now a runaway then, right? They may want a report on file, not sure. For example, here if a kid refuses to go... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What kind of information my ex-girlfriend should give me about her boyfriend if she want to live with him and my kid?
Cheryl Powell
Cheryl Powell
answered on Jan 17, 2024

Unless so specified by any court orders, she is not required to give you anything. It would be nice if you could track him on judici for the past 5 years so you see if he has been involved in Any criminal activities. Full name, last 5 years of addresses, counties he has lived in and date of birth.

1 Answer | Asked in Criminal Law for Illinois on
Q: I arrested for possession of controlled substance which I have a rx for. I don't want to hire an attorney. What can I do

I have a letter from my doctor stating that I am prescribed the medication (Xanax). I've had 2 court dates where they asked about representation. I was going to try and hire an attorney. However, I can't afford it and why should I when I shouldn't have been charged in the first... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2024

Usually, the prosecutor will talk to you. Make an appt to talk to that person. See if you can get them to voluntarily dismiss it. It is not normally the judge who we try to reach deals with. But if they won't dismiss And you cannot afford a lawyer, ask for a pd.

1 Answer | Asked in Family Law for Illinois on
Q: can I go after 5 years of father not allowing me contact ?

Can I go get custody of my 6 years daughter even tho its been 5 years since father has allowing me contact ?

Cheryl Powell
Cheryl Powell
answered on Jan 12, 2024

You can TRY to do anything you like, however, the likelihood of your winning is slim to none. I don't know if you have a court order now or not. If you have no court order for parenting time now, you should attempt to get one asap. Be prepared for supervised time to give the child time to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Civil Rights and Juvenile Law for Illinois on
Q: How to fight DCFS investigator who made false claims and manipulated information?
Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.

If you are in court and awaiting adjudication, you...
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1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: Does a victim in a domestic violence case have to testify?

i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify?

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me

Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Family Law, Child Support and Identity Theft for Illinois on
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .

My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits... View More

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2023

Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why?

Identity theft. Get a...
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