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Illinois Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Illinois on
Q: My Mother is a Circuit Clerk She filed a restraining order on me

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Juan Ooink
Juan Ooink answered on Sep 16, 2020

You need to hire an attorney to assist you with this matter. The last thing you want is an Order or Protection against you. Hire an attorney now.

2 Answers | Asked in Domestic Violence for Illinois on
Q: My Mother is a Circuit Clerk She filed a restraining order on me

L

Juan Ooink
Juan Ooink answered on Sep 16, 2020

You need to hire an attorney to assist you with this matter. The last thing you want is an Order or Protection against you. Hire an attorney now.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: My bf got arrested for DV I didn’t press chargers on him He forgot about his court date. What’s going to happen to him
John S. Fotopoulos
John S. Fotopoulos answered on Sep 10, 2020

There probably an arrest warrant issued for his failure to appear. He needs to retain an attorney.

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1 Answer | Asked in Child Support and Domestic Violence for Illinois on
Q: I am a non custodial parent that is trying to get a court modification for child support and custody. Needing help.

Custodial parent and children live in kankakee

Juan Ooink
Juan Ooink answered on Aug 28, 2020

You need to hire a Family Law Attorney to assist you with this matter. The sooner you hire an attorney, the better.

2 Answers | Asked in Domestic Violence for Illinois on
Q: I have a Domestic Violence question. I had my boyfriend arrested on some false allegations.

I sent affidavit to states attorney of what I did and that I was sorry and possibly to much of my meds and was angry at the time. I did do a video statement. I understand they can continue pursuing regardless. He has a private attorney that I'm not sure is doing all he can. His bond is... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 19, 2020

You are not allowed to speak to the judge by yourself. You should talk to your boyfriend's lawyer and ask that lawyer how to proceed. He is being paid to help your boyfriend and you and he are on the same side.

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2 Answers | Asked in Domestic Violence and Criminal Law for Illinois on
Q: Is there a way i can drop charges for a domestic battery case against my mother?

My mom hit me and i called police she was then taken to jail and charged with domestic battery. I dont want to have charges against her what can i do

David Nachman Byer
David Nachman Byer answered on Aug 16, 2020

You can try to persuade the particular State’s Attorney’s office involved that it’s best not to prosecute, but once the process has passed the charging stage, they don’t have to drop the case just because you want them to. The State’s Attorneys have an obligation to the public to... Read more »

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2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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1 Answer | Asked in Domestic Violence for Illinois on
Q: If my boyfriend got 3 misdemeanors for domestic battery and 1 for interfering with someone trying to report a domestic

How long will he get??? In illinois first time getting in trouble for this.

Juan Ooink
Juan Ooink answered on Jul 16, 2020

It all depends on the case, the prosecutor, his attorney and the Judge. Each case is different. Your boyfriend needs a criminal defense attorney to assist him with this matter right away. Please tell him to hire an attorney right away. The sooner he hires an attorney, the better.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
Read more »

2 Answers | Asked in Domestic Violence for Illinois on
Q: Is it possible to get my domestic violence from 1995 guilty plea expunged? i had to take anger mgt. classes and passed.

I have had no incidents since 95.

Cheryl Powell
Cheryl Powell answered on Jun 28, 2020

It depends on what you were actually charged with as domestic violence is not a charge in illinois. Domestic battery? Dropped down to battery? Did you have probation or court supervision? Get a copy of your file from the circuit clerk. Call a criminal defense lawyer for a consultation.

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2 Answers | Asked in Domestic Violence and Criminal Law for Illinois on
Q: Two soon to be parents get into a domestic violence dispute and the police is called the police tells us both the judge

the judge would say we would have to stay away from each other but with us being soon to be parents ether of us want that.

William Wolf
William Wolf answered on May 23, 2020

This sounds more like a criminal law question than a family law question. It sounds like at least one of you was arrested and charged with an offense such as domestic battery where the judge ordered as a special condition of bond that whichever one of you that was charged has to stay away from the... Read more »

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2 Answers | Asked in Domestic Violence for Illinois on
Q: I live with my parents. My father's sister owns the house, can we get a restraining order against my mother?

She doesn't have a job and owns nothing nor does she pay any bills. She is a frequent drug abuser and constantly goes on rampages and destroys the house. she also threatens to fight people in the house and puts my one-year-old daughter at risk for danger.

Cheryl Powell
Cheryl Powell answered on May 16, 2020

Yes, but for the rampages, destoring the house and putting your daughter in danger, not for the other issues.

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Illinois on
Q: Is there a way to make an eviction date come sooner?

I live with my mom and younger sister (13) and my mothers ex boyfriend has been living with us for about 4-5 years now and finally we have gotten an eviction notice for him but its not set until July 1st. Lately he has been yelling at us and making us uncomfortable and scared in our own home and is... Read more »

Cheryl Powell
Cheryl Powell answered on May 8, 2020

Yes. You may obtain an emergency order of protection. Contact your local women's center. They have trained advocates to get you through the process without having to file a lawyer.

1 Answer | Asked in Domestic Violence for Illinois on
Q: As a parent in Illinois I’m wondering if I can get a restraining order on my daughters boyfriend who is +18?

My daughters boyfriend has verbally and physically abused my daughter but she won’t file a restraining order on him and doesn’t want to leave him. She is +18 and will protect him at all cost to the point to lying to the police and blaming herself.

William Wolf
William Wolf answered on Apr 28, 2020

There isn't enough information here to be completely certain. I would want to know some things like the living arrangements and whether you still have any legal responsibliity for your daughter for anything.

The chances are that you do not have standing to seek an order against your...
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4 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was attacked in my house by a relative, what options do I have ?
James G. Dimeas
James G. Dimeas answered on Apr 28, 2020

If you believe that you are a victim of a crime you should call the police and file a police report.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: If a small woman (same household, not related) physically assaults a large man, can the police be called on the woman?

If the man does not fight back or defend himself (just leave the situation) will he get in trouble? Would she be able to be removed from the house/arrested/or charges pressed for the assault and verbal threats?

John S. Fotopoulos
John S. Fotopoulos answered on Apr 24, 2020

Yes. You can call the authorities to investigate the allegations. However, I would strongly suggest you seek legal advice as soon as possible.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: Will I get in trouble if I go back on something I told the police
Juan Ooink
Juan Ooink answered on Mar 23, 2020

Just to be clear, you are saying that you gave a false statement to the police? If that is the case, yes you could be arrested. If this is the case, you really should not do anything until you have discussed this with a criminal defense attorney.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: I haven't been able to take all my domestic violence classes before my court hearing. What can I do or what will happen?
Juan Ooink
Juan Ooink answered on Feb 23, 2020

You need to notify your attorney. If you had a Public Defender, you need to try to notify them of this issue. Either way, you need an attorney by your side in court.

1 Answer | Asked in Domestic Violence for Illinois on
Q: How do you contest an order of protection without representation?
Juan Ooink
Juan Ooink answered on Feb 7, 2020

What? No one here can tell you how to do this. This is why we go to law school and work many years for the experience to handle such matters. You need to make sure to appear in court and see what happens in court.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Reported domestic violence but didn’t press charges and didn’t go get a order of protection can he still be arrested?

He grabbed my hands with force then I left the house reported domestic violence to the police I was told to go get an order of protection but then me and my daughter’s father came to an agreement to not get back together but he will still buy our daughter needs and help me with her and see her... Read more »

Juan Ooink
Juan Ooink answered on Feb 1, 2020

Yes, once the police have been involved, it is out of your hands. He needs to hire an attorney right away. Tell him not to speak with the Police without an attorney by his side.

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