Lawyers, Answer Questions  & Get Points Log In
Illinois Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I'm on conditional recharge months year later arrested for driving on revoked licence
Juan Ooink
Juan Ooink answered on Aug 21, 2019

Since you are currently serving a sentence, Conditional Discharge, and part of that sentence if for you to not violate any laws, driving on revoked license will be considered a violation of your Conditional Discharge. Since you violated your sentence be picking on a driving on revoked, the... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Municipal Law for Illinois on
Q: Can I call the judge who is reviewing a case and have them remove my letter of character?
William Wolf
William Wolf answered on Aug 11, 2019

No. You may not contact the judge. It is extremely inappropriate.

If you're the one accused and you are asking to have someone's letter on your behalf not be considered by the judge, you're going to have to talk to your attorney about it. If you're representing yourself, stop what you're...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Do I have any grounds to get my case dismissed?

On November 13. 2018 I was involved in a domestic situation. The police were called and I made my report. The next day (November 14 2018) I went and got a order of protection that was granted. That same day the other party involved went and made a report on me and had a friend that sat In the car... Read more »

Juan Ooink
Juan Ooink answered on Jul 15, 2019

You need to discuss this with your attorney. Your attorney is the only one with all of the needed information in order to address your concerns. If you have not hired an attorney yet, you should do so right away.

1 Answer | Asked in Domestic Violence and Criminal Law for Illinois on
Q: My wife made up fabricated allegations about domestic battery which led to me being arrested. What do I do now?

The fabricated allegations towards me were made by my wife so she could start a divorce and ensure that she would get 100% custody with our children.

Juan Ooink
Juan Ooink answered on Jul 15, 2019

First, you need to hire a criminal defense attorney to assist you with the pending Dom. Battery matter. The sooner you hire an attorney the better. Second, you also need to hire a family law attorney to assist you with the divorce matter.

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Can I get a restraining order for harassment/stalking against Mother?

My mother is harassing me, my children(all under 13), my husband, my in laws and anyone else that has a relationship with me(calls, texts, facebook/messenger, going to their houses). I have cut all communication with her, and have told her many times to stay away(proof with text messages and so... Read more »

Juan Ooink
Juan Ooink answered on Jul 15, 2019

You can file for an Order of Protection. Go to the Circuit Court Clerk’s Office in the County where this is happening and they will give you information regarding the filing of an Order of Protection. The sooner you do this the better.

View More Answers

1 Answer | Asked in Domestic Violence for Illinois on
Q: I live in illinois. I am the "alleged victim" in a domestic battery case. I dont want charges pursued

I dont want the "alleged" attacker being prosecuted but they took pictures for evidence.

Juan Ooink
Juan Ooink answered on Jul 8, 2019

The defendant needs an attorney. The sooner they hire an attorney the better. That attorney will be able to tell the defendant how best to proceed.

1 Answer | Asked in Domestic Violence for Illinois on
Q: How to drop I'm misdemeanor domestic battery charge without getting the victim charged for not showing up to court

so my girlfriend in my family got into a bit of an argument over something ridiculous as a hamburger and it ended up with my brother pushing my girlfriend and my girlfriend's mother calling the cops even though her mother was not in the house and didn't know really what was going on my brother... Read more »

William Wolf
William Wolf answered on Jul 2, 2019

Well, the best way to handle it is to tell the prosecutors you don't want to proceed and why.

If you don't receive a subpoena to appear in court, you have no obligation to appear in court.

If you receive a subpoena, you are absolutely obligated to appear at the courtroom. Anyone...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Is there any way I can get them to drop the charges

My bf hit me and I called the cops they arrested him but I told them I didn’t want anything to happen like him going to jail Bc we have a kid on the way but I guess it was out of my hands and they charged him anyway he has a lengthy record of other little things and this was the first... Read more »

Juan Ooink
Juan Ooink answered on Jun 12, 2019

He needs a criminal defense attorney. The sooner you or his family or friends hire an attorney for him the better.

View More Answers

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Illinois on
Q: Vacated Order of Protection, but my parenting time is still restricted. What can I do?

My ex-wife took out an OoP regarding our child. Because of this, parenting time was restricted to supervised visitation. OoP was then vacated, but my parenting time is still restricted. I would like for the allocation of parental responsibilities to be returned to the original Custody Judgment -... Read more »

Juan Ooink
Juan Ooink answered on May 23, 2019

You need to hire a Family Law attorney to assist you with this matter. The sooner you do so the better.

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: How can I get an order of protection dropped.All of the allegations against me are false

I have filed motions to dismiss and reduce but the court is ordering me to do domestic violence counseling,mental health evaluation,clean drug test.I have no prior drug or violent background nor current.My kids mother filed an order of protection against me involving my kids to get our custody... Read more »

Juan Ooink
Juan Ooink answered on May 20, 2019

Your best option is to hire a Family Law attorney right away.

2 Answers | Asked in Domestic Violence for Illinois on
Q: Spouse/victim domestic assualt. Can I refuse to work with PO and claim spousal privilege? Will they have to drop charges

I was the only one to speak with the cop. Didn't write statement but signed complaint. Cop saw a couple scratches on my hand but that was it. I told him I was physically restrained while my husband tried taking my phone out of my hands and that's how I got the scratches. I'm not sure what he ended... Read more »

Juan Ooink
Juan Ooink answered on May 10, 2019

Your husband needs a criminal defense attorney and he needs one right away. The sooner he hire an attorney, the sooner that attorney can tell him what his best options are.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I've been on probation for 18 months I have 2 months I got violated for not doing what my probation officer asks of me

My charges include domestic battery and aggravated assault I pleaded to misdemeanor charges and my conditions of release was to get a mental health evaluation and follow recommended treatment .she recommended to a place for domestic violence in witch i had to pay out for I stopped going and took my... Read more »

Juan Ooink
Juan Ooink answered on Feb 26, 2019

You will likely be violated and resentenced on the charges or you will be given a chance to complete the counseling as directed by the evaluation.

2 Answers | Asked in Domestic Violence for Illinois on
Q: I am seeking legal council for an order of protection.

I am the petitioner for an order of protection. I had court today 2-15-19. The respondent was granted a extention so they could get legal representation. The respondent was also granted an order of protection against me until March 4th. That is the next court date. I am in Champaign County. Where... Read more »

William Wolf
William Wolf answered on Feb 18, 2019

There are plenty of lawyers who do this kind of work. Technically, this is not a criminal case, but lots of criminal defense lawyers engage in this kind of work...... in part because these orders are often sought privately during a criminal investigation or a violation of these kinds of orders... Read more »

View More Answers

2 Answers | Asked in Domestic Violence for Illinois on
Q: Can I send a friend to an emergency order protection court date since I can’t attend that day?

I have an exam that I can’t miss that morning and do not want them to terminate the order protection if I don’t show up.

Juan Ooink
Juan Ooink answered on Jan 24, 2019

No, but you can hire an attorney to appear on your behalf and see what can be done.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on
Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

Advice re: a domestically violent ex-husband who I'm attempting to get custody and approval to relocate & more importantly emergency temp custody hearing today. I have no attorney that will work with the limited income I have to help cover.

Marilyn  Johnson
Marilyn Johnson answered on Jan 22, 2019

You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.

2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Illinois on
Q: My sister was the victim of battery on Friday 11-30

The girl who attacked her was arrested on a battery charge, and is maybe 14-15 years old.

Can she be charged with aggravated battery as a Class 4 felony if my sister has lasting marks and bodily harm (she does) and evidence shows that the girl initiated and continued to beat my sister... Read more »

Juan Ooink
Juan Ooink answered on Dec 3, 2018

Unfortunately, it is not up to your sister what the defendant is charged with. It is up to the State, who is the prosecutor. I suggest reaching out to the State and giving them an update on her status on what issues she is facing.

View More Answers

2 Answers | Asked in Domestic Violence for Illinois on
Q: If police are called, does that mean charges are filed automatically?
William Wolf
William Wolf answered on Nov 30, 2018

No. But charges in the end are not up to the one making the telephone call. Charging decisions belong to prosecutors once police bring the case to them or if they are otherwise notified about an alleged crime for which their office would have jurisdiction to prosecute.

View More Answers

2 Answers | Asked in Family Law and Domestic Violence for Illinois on
Q: If a person has an order of protection on you can they legally just walk up to you and try to talk to you
Juan Ooink
Juan Ooink answered on Nov 19, 2018

OPs are typically one way, which means the petitioner, the one who asked for the OP, can do whatever they want. The respondent, the one the OP was issued against, is the restricted party. If this person just walks up to you, I suggest turning around and walking the other way.

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Illinois on
Q: Is it legal or right that because I take my case to a jury they raise it from 1 misdemeanor to 2 felonies?

The person who the domestic violence was supposedly against starts her statement saying she put her hands all over me before I reacted in any way and they refuse to do anything to her or hear anything I say

William Wolf
William Wolf answered on Nov 18, 2018

Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.

Hopefully, you have a good criminal...
Read more »

View More Answers

2 Answers | Asked in Domestic Violence for Illinois on
Q: Is my daughter okay to move with her kids to another state if her ex has been charged?
Cheryl Powell
Cheryl Powell answered on Nov 16, 2018

Charged with what? It might be easier to get court permission if he was in prison, but unless he consents, there is no slam dunk for being able to move.

View More Answers

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.