Q: Legal recourse for alleged illegal purge order and incarceration in DuPage County, IL family court.
In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet. The judge claimed my pro se appearance was still valid and, despite being given 21 days to find new legal representation, ordered me to testify the following week. I received no notice that my pro se appearance was still active and was subsequently incarcerated for failing to comply with the purge order. What legal recourse do I have in this situation?
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A:
It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to challenge the legality of the purge order, especially if the court failed to inform you properly about your rights or any changes to your legal representation.
One potential option is to file a motion to vacate the order based on lack of proper notice and any perceived injustice in how your case was handled. You could argue that you were denied a fair opportunity to find new representation and were not informed about the continued validity of your pro se appearance. If you were incarcerated due to non-compliance with the order, this could also provide grounds for a motion to have the order revisited and possibly overturned.
It may be beneficial to consult with a new attorney to help you navigate this process. They can assist in filing the necessary motions to address the purge order, seek relief from the incarceration, and ensure that your rights are upheld in court. If financial constraints are an issue, you could also explore legal aid options to help you move forward.
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