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?
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
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
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
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
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
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?
I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More
I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More
If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The...View More
The easy answer to your question is "maybe." Whether or not you are obligated to pay alimony - now called "maintenance" - depends on a number of factors, including not only how long you have been married, but who is the primary earner and amount of your respective incomes. And...View More
fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More
Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge...View More
So long as the Respondent filed his Answer with the court after being served, the court would be unlikely to approve a default judgment against them unless they took no other action moving forward in this case. While the failure to provide a copy of the Answer to you is something you could (and...View More
My 56 yr old brother is deaf, developmentally disabled and alcoholic and now using weed as well. He has become out of control and has become violent towards me. In the past year he has been evicted from his apartment, kicked out of a motel, kicked out of a homeless shelter and now staying in... View More
It should not be a long process. File a Petition to Terminate Guardianship and a Petition to Appoint the Office of State Guardian. If you are indigent, filing fees can be waived. OSG will normally take guardianship in indigent cases. If not indigent, find out from Circuit Clerk who your local...View More
She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I... View More
File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship.
It is possible that an Order of Protection could be sought. Talk to a...View More
If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.
I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More
If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does...View More
The pc was a gift from one parent to the child. If the other parent takes it away against the child's wishes, the other parent is committing theft from that child. It was not a gift to the other parent. That is how I look at it. Some other lawyers may look at it differently.
In Illinois, the procedure for e-filing your petition for custody and requesting a fee waiver can vary depending on the specific court and its electronic filing system. Some courts may allow you to e-file both your petition and fee waiver request together as part of a single submission, while...View More
In Illinois, submitting an appearance form is a critical step in legal proceedings, especially for matters like child custody. When both parties sign this form, it signals your active participation in the case. The exact process may vary depending on the court and local rules. Generally, you should...View More
In Illinois, a summons is typically not required when both parties are in agreement and are voluntarily submitting a parenting plan for approval by the court. If you and the other parent have mutually agreed upon a 50/50 parenting plan and are seeking court approval for it, you would typically file...View More
In Illinois, there isn't a specific statute of limitations for being served with a petition for plenary guardianship. The process for serving legal documents, including petitions for guardianship, is governed by the Illinois Code of Civil Procedure and the rules of civil procedure....View More
After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled...View More
Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.