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Illinois Domestic Violence Questions & Answers
Q: What are potential civil court sentences for egging/painting a car, mental health claims, and a restraining order?
In a civil court case involving two counts of egging and painting a car with kids' paint, what might be the sentence considering these circumstances? The case includes mental health claims with a restraining order currently in effect. There are no prior disputes, and the plaintiff is seeking... View More 
Charles Candiano
answered on Jul 3, 2025
answered on Jul 3, 2025
This is easy. This is a small claims case as the amount in controversy is less than $10,000.00. The amount someone sues for has very little to do with anything. The Court will award the cost to repair/clean/restore the car. If a restraining order was in effect, additional monetary penalties may... View More
Q: How can I obtain legal assistance for my court date on August 27, 2025, in domestic violence court?
I am a senior citizen with limited resources and have a court date on August 27, 2025, in domestic violence court. I need legal representation but did not know I was supposed to request an attorney at the last court date. I have never used legal aid, and I have not received any documentation or... View More
Cheryl Powell
answered on May 21, 2025
answered on May 21, 2025
You need to contact the legal services office for your county. It is Prairie State in northern IL, mostly, and Land of Lincoln in central and southern Illinois. Is your case for an order of protection or what? Domestic violence can mean many things.
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Employment Law, Civil Litigation, Personal Injury, Family Law, Cannabis & Marijuana Law and Domestic Violence
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Illinois
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Q: How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?
I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More
Charles Candiano
answered on May 9, 2025
answered on May 9, 2025
First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More
Q: Can a indiana warrant be executed in Illinois
I have a possible warrant in Indiana but I live in illinois
Charles Candiano
answered on Feb 11, 2025
answered on Feb 11, 2025
An arrest Warrant can be executed in ANY state. Take care of the warrant immediately. Contact an experienced criminal defense attorney who regularly practices in the jurisdiction where the warrant was issued. If it is something very minor, the attorney may be able to take care of it for you.... View More
Q: How can I get a no contact order lifted
My boyfriend got out on bond for domestic charges.i never pressed charges and asked if they can not instate a no contact order. They instated one anyways and I don’t want to wait a month to be able to see a judge at his next court date. States attorney never reached out or talked to me yet.
Cheryl Powell
answered on Sep 9, 2024
answered on Sep 9, 2024
You are not a party to the litigation and therefore you have no ability to file anything to change that process. You may talk to the State's Attorney to ask or to his lawyer to ask, as one of them would have to file a motion. Of course, you would want to know when the motion is heard so you... View More
Q: I was granted a temporary order of protection against an ex. I live on Illinois. When will he be served?
Cheryl Powell
answered on Jun 12, 2024
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
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
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James L. Arrasmith
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answered on Mar 6, 2024
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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
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
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James L. Arrasmith
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answered on Feb 24, 2024
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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
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
answered on Nov 29, 2023
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
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
answered on Nov 16, 2023
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
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Appeals / Appellate Law, Civil Rights, Criminal Law and Domestic Violence
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Illinois
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Q: Seeking advice on appealing an injunction based on false claims of harassment.
I am seeking legal advice on appealing an injunction order that my ex-girlfriend obtained against me through false claims of harassment and stalking. She lied under oath and intentionally misrepresented a text message to mislead the judge. Her boyfriend, who is on parole for harassment and stalking... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
You have the right to appeal the injunction if it was obtained based on false claims and misrepresentations, especially if critical evidence was not considered during the hearing. Start by consulting the court records to understand the deadline for filing an appeal and the proper appellate... View More
Q: Threats of harm by ex led to missed protection order hearing. Seeking steps after custody lost.
I had an emergency order of protection against the mother of my child due to suspected abuse and neglect. Due to threats of physical harm made against me, my home, and while my protected child was present in my care, I missed the court date, resulting in custody being returned to her. Hours later,... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
What you’ve been through is terrifying, and your choice to protect your child and your home in the face of threats shows courage. Missing court due to fear for your safety is not the same as ignoring your legal responsibilities, and you have the right to ask the court to consider the context... View More
Q: How likely am I to obtain full custody after getting EOP against children's father?
I recently obtained an Emergency Order of Protection (EOP) for myself and my children against their father due to an incident where he choked our youngest daughter. The children currently live with him during the week and with me on weekends. There have been previous incidents reported against him,... View More
Cheryl Powell
answered on Jul 1, 2025
answered on Jul 1, 2025
There are many factors involved. Nobody here can assess that issue for you. Take your evidence and papers to a local lawyer.
2 Answers
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Child Custody, Child Support, DUI / DWI, Domestic Violence and Family Law
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Illinois
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Q: How can I handle my kids' father's request for summer visitation amid safety concerns?
I disagreed with my kids' father, who lives in Wisconsin and now wants visitation only during the summer, though we had agreed on every other weekend. There's no current court order for visitation, but my motion for child support was granted last month, and I believe this might be... View More
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Theodore J. Harvatin
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answered on Jun 10, 2025
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answered on Jun 10, 2025
Smart Start can rent him a portable certified breath machine for $34.00 a month. A visitation order might be fashioned around that. I has facial recognition so only if it saw his face would accept the blow.
https://www.smartstartinc.com/portable-alcohol-monitoring/
Q: How can my son request the removal of a no contact order in Illinois court?
My son, who has no prior legal issues, was involved in an incident with his girlfriend where they both were pushing each other while he was blacked out drunk. He took her to the ground to stop her, but he did not hit her, and she did not press charges. He now has a no contact order in place and is... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
Your son has the right to ask the court to reconsider the no contact order, especially if the alleged victim isn’t pressing charges and he has no prior legal trouble. At his next pre-trial hearing, he should let his public defender know ahead of time that he wants to request a modification or... View More
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Domestic Violence, Criminal Law, Civil Litigation and Civil Rights
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Illinois
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Q: Estranged wife's perjury in order of protection case, video evidence at criminal case benefits me, steps to contest OOP and pursue perjury.
I am involved in a legal situation where my estranged wife obtained a temporary order of protection against me last year following my domestic battery arrest involving my 16-year-old son. My wife claimed she was recording the incident on her phone but later stated in her affidavit for the order of... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
First, immediately consult with your attorney to formally request a copy of the video through proper discovery procedures; your lawyer can file a motion to obtain and preserve this crucial evidence officially. Having the video in your possession is essential for both contesting the order of... View More
Q: Patient joked about mutual abuse; what should I do?
I'm in a situation where a patient stated, 'he abuses me as I abuse him,' but then immediately clarified that they were joking. Considering this, what should I do in this scenario?
Tim Akpinar
answered on May 13, 2025
answered on May 13, 2025
An Illinois attorney could advise best, but your question remains open for three weeks. There's not a lot to go on here. The statement is general, arguably vague, and open to numerous interpretations. Maybe discussing in detail with some more context with a local attorney could possibly enable... View More
Q: How to address custody court concerns about a child's statement in Illinois?
I am currently involved in a custody court case regarding my 5-year-old daughter. Recently, she told me that her mother said she was going to kill me. I have not reported this statement to any authorities or sought legal representation yet. What steps should I take to properly address this... View More
4 Answers
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Child Custody, Arbitration / Mediation Law, DUI / DWI, Domestic Violence and Family Law
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Illinois
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Q: Can a mother with DUI move our child out of state during a custody battle?
I'm currently involved in a custody dispute where mediation is scheduled for two months from now, but there are no specific custody or visitation orders in place yet. The custodial mother, who has a history of DUI and child endangerment, has threatened to move our child out of state unless I... View More
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Theodore J. Harvatin
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answered on Apr 25, 2025
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answered on Apr 25, 2025
Hello. Although there is mention of a DUI causing driving problems, your case should be directed to family loss/custody lawyers. This is not really a DUI question.
1 Answer
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Criminal Law, Domestic Violence, Civil Rights and Appeals / Appellate Law
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Illinois
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Q: Facing felony upgrade from misdemeanor domestic violence charge, seeking legal help and advice.
Over a year ago, I was charged with misdemeanor domestic violence for allegedly smacking my oldest son. Due to my arrest, I lost my job and faced financial hardship, leading me to rely on a public defender. My case has been delayed repeatedly by my appointed attorneys, making it difficult to take... View More
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James L. Arrasmith
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answered on Apr 15, 2025
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answered on Apr 15, 2025
It sounds like you've been carrying a heavy burden for a long time, and it's understandable to feel frustrated, especially when your voice hasn’t been heard. You have the right to defend yourself and pursue a fair trial, even if you're working with a public defender. If your... View More
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