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Illinois Domestic Violence Questions & Answers
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

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Illinois on
Q: Is it possible to get my security deposit back as a victim of domestic violence?

The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Illinois on
Q: Can I withdrawal a guilt plea after I took a plea but was mentally unstable in court?

I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time.... View More

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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 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 Criminal Law and Domestic Violence for Illinois on
Q: If someone starts out representing theirself in a criminal case, can they ask for a public defender later on?
T. Augustus Claus
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answered on Sep 6, 2023

Yes, in Illinois, if someone initially represents themselves in a criminal case (often referred to as "pro se" representation) but later realizes they cannot effectively do so or meets the financial eligibility criteria, they can request a public defender. Public defenders are appointed... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: Spouse charged with Domestic Battery. I took iPhone pics of my bruises. Will those pics be allowed in court?
T. Augustus Claus
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answered on Aug 17, 2023

In Illinois, iPhone pictures of bruises can potentially be used as evidence in court for cases involving domestic battery. To ensure their admissibility, the photos must be relevant, authentic, and taken around the time of the incident. It's crucial to be able to explain how and when the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Federal Crimes for Illinois on
Q: I got a car n put n kids name n umdrive under her cuz I'm revoked. I paid 4 this car n she got mad at me n reported it s

Stolen. Im disabled n won't survive prison. She also put a op on me. She's extorting me I was told n is becoming extremely ruthless she even admits the car is mine n had til Jan 5 to get it out of her nane

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 14, 2022

You clearly need an attorney to handle your criminal cases, especially given the circumstances, as you stated yourself you are facing with a possibility of imprisonment.

Also, it you cannot afford an attorney ask the judge to appoint a Public Defender to represent you at no charge if...
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1 Answer | Asked in Domestic Violence for Illinois on
Q: What does ‘no unlawful contact’ mean?
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

Consider no unlawful contact as a limited protection order. It usually involves crime where someone was arrested for domestic violence. It can also mean any attempt to communicate with the alleged victim of the crime, especailly a child. Generally, unlawful contact remains in effect until... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: I have a trial date set for 6/11/24, for a Dom B. Can I hire a lawyer before then? I don’t feel comfortable w/ my P.D.

I don’t feel comfortable with my Public Defender.

She is not returning my calls or emails & seems unprepared & unenthusiastic about my defense.

I have a trial date set for 06/11/24.

Can I hire a Lawyer before my trial date?

Cheryl Powell
Cheryl Powell
answered on Jun 4, 2024

Yes, of course you can. Is that your first court date?

1 Answer | Asked in Domestic Violence for Illinois on
Q: Me and my boyfriend got into a disagreement and he got charged with aggravated battery class2.

Can I not show up in court so they can drop it. He choked me and I passed out but police was called a week after from a family member because they couldn't keep that a secret. I have messages and bruises that proved it. What can I do?

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2024

You may choose to contact the victim witness coordinator at the state's attorney's office. However, if the state chooses to subpoena you, do not evade service and do not fail to abide by the subpoena. You can end up in jail yourself.

1 Answer | Asked in Domestic Violence for Illinois on
Q: My ex is in jail for a domestic against myself. His parents are trying to take the bedroom set and tv we gad gotten toge

Together. What should I do?

Todd B. Kotler
Todd B. Kotler
answered on Aug 15, 2023

Tell them they are not allowed in your house. It was a gift or it is property belonging to you and your ex.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Illinois on
Q: Do we need a lawyer?

Me and my wife have never had a criminal offence. We have a squeaky clean record. We both received a misdemeanor domestic in Missouri. Do we need a lawyer if we both want this to disappear and not go on our record?

Jeffrey Li
Jeffrey Li
answered on Aug 2, 2023

It would be best to seek an attorney out in Missouri, preferably an attorney within the City or County were the charges were filed.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Should I show up to the first hearing of a battery case if I don’t want to press charges?

I was a victim, I am a male, but I don’t want to press charges. I know the state can still prosecute her, but should I attend the first hearing or not attend.

I’m afraid they will see me showing up as a sign I want to pursue, when in actuality I love my girlfriend very much and this was... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

People miss court appearances frequently. If you are the offender and miss a court appearance, the Judge will most like issue a warrant for your arrest.

If you are the victim, and miss a court appearance, there is a good chance the judge will just dismiss the case.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Internet Law for Illinois on
Q: I was charged with domestic battery but it was dropped to just a battery at the end. Why we’re my guns rights taken away

I wasn’t convicted of the domestic battery just convicted of battery

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2022

Because that type of crime affects one’s eligibility to handle firearms in Illinois. Consider retaining a good defense counsel to dispose of the battery case correctly.

1 Answer | Asked in Domestic Violence and Personal Injury for Illinois on
Q: Victim lures defendant to place where no contact order is to humiliate cyber bully attack and cause distress to cause ha
Charles Candiano
Charles Candiano
answered on Sep 18, 2022

You only provide part of the scenario. The way this works is that you need to ask a question so that we may respond. Please repost with a question.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for Illinois on
Q: Family members force me into a relationship, using my children as with an individual that is sexually active w/ them

Been going on for 10 years or more, mothwr(RB) states husband(JTB) let's her. Then when her husband gets caught I get the he'll beat out of me, GOT THE VIDEO. Then JL says I owe him money

Charles Candiano
Charles Candiano
answered on Feb 11, 2022

What is your question?

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I have false charges against me that were put on me strictly to shush me as a witness in my girlfriend's burglar. Help?

My girlfriend was advised by her jailhouse lawyer brother to somehow get or stage a domestic charge against me so that I couldn't be called as a witness in her now closed burglary case or come forward and she did a good job and I'm afraid the courts won't face the embarrassment of... View More

Alan E. Jones
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Alan E. Jones
answered on Feb 7, 2022

Definitely hire a criminal defense attorney in the county/town where your case is pending. Good luck!!

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