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Illinois Domestic Violence Questions & Answers
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.

1 Answer | Asked in Domestic Violence for Illinois on
Q: A 26 year old male punched my 13 year old in the face he was arrested but is that a felony & what's going to happen now

The male was of no relation to my child

Juan Ooink
Juan Ooink answered on Jan 7, 2020

If the 26 year old was arrested, you need to speak to the State's Attorney in the County where this happened. That State's Attorney will be able to tell you what is going on with the case.

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

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1 Answer | Asked in Domestic Violence for Illinois on
Q: If I flee the state of IL with my baby from my abuser (child's father), can he come after me legally?

I am a single mother. Every since the father of my child and I broke up, he has become even more emotionally unstable, controlling, abusive, and unpredictable in his actions. I plan to relocate because the abuse is leading me into depression, I have help and support elsewhere, and would have a... Read more »

Juan Ooink
Juan Ooink answered on Dec 16, 2019

You need to contact a Family Law attorney right away. That Family Law attorney will tell you what the best options are and how to proceed. Contact an attorney now.

2 Answers | Asked in Domestic Violence and Family Law for Illinois on
Q: If relocating due to an abusive partner, should I tell my abuser if we share a child? If so, when and how?

I reside in the state of Illinois and I am a victim of domestic violence (emotional, physical and verbal). My abuser is my child's father. Four days ago, I finally gained the courage to file a police report against the father of my child after he assaulted me once more in front of my infant... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 14, 2019

You need more advice than an attorney can adequately provide without an in-person interview. Please, for the sake of yourself and your child, make an appointment with a family law lawyer. He or she ask the questions needed to give you advice. If you don't know who to call, contact a local... Read more »

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1 Answer | Asked in Domestic Violence for Illinois on
Q: Can a domestic battery class A misdemeanor conviction be reduced or sealed due to PTSD in Illinois?

I was convicted of Domestic Battery and then later diagnosed with PTSD.

Juan Ooink
Juan Ooink answered on Nov 25, 2019

No, a Domestic Battery conviction can not be Sealed. The time to have the charge reduced was prior to pleading guilty or going to trial, so that time has passed as well. Your only option is to request Executive Clemency from the Governor but way of an Executive Clemency Petition.

2 Answers | Asked in Domestic Violence for Illinois on
Q: Could the police arrest me for this?

My girlfriend and I had an argument, and I got really angry that she thought I would hit her, so she called the police and made a report, but she didn’t press charges.

Brian Morgan
Brian Morgan answered on Nov 25, 2019

They could depending on what she said. If she was in fear of being hit, the charge could be assault. They could also possibly charge you with disorderly conduct. It is important for you not to speak to the police if they come to speak to you.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: I dropped charges for domestic now his ex from 3 years is saying he beat her 3 years ago can proscuter get him now for
Juan Ooink
Juan Ooink answered on Oct 30, 2019

Typically, they will not prosecute these types of charges due to the time frame involved.

3 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was charged with a aggravated domestic battery and a domestic battery as well as other charges at the same time

My wife I told the officers that she did not want to press charges and that I need to get my head checked out because I have fail I hit my head against a plaster concrete wall come to find out I had a concussion with a mask off fracture to the right side of my head

Juan Ooink
Juan Ooink answered on Oct 18, 2019

Not sure what your question is but since you have been charged with an offense, you need to hire a criminal defense attorney right away. The sooner you hire an attorney, the better.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: Could someone please tell me where to look to see if someone is on probation that is free.i think I am being lied to

We have been together 5 years

Juan Ooink
Juan Ooink answered on Oct 1, 2019

You have to find out what County the matter was in and then you can check that County Circuit Court Clerk's system for free on information for that person.

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