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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
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answered on Jul 3, 2025
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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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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
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answered on May 9, 2025
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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
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answered on Feb 11, 2025
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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
Q: How can I protect myself from harassment after an Order of Protection during a divorce?
I am currently going through a divorce in Illinois. My soon-to-be ex-husband took his belongings and left our shared house after a heated argument. He has since obtained an Order of Protection against me. Despite the Order, he has been harassing me by showing up unexpectedly at places I visit,... View More
Q: How to get a no-contact order dropped in Quincy, IL?
What advice can you provide for getting a no-contact order, placed by a judge in Quincy, Illinois, dropped?
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
First, identify exactly what you’re dealing with—an Order of Protection, a Stalking or Civil No Contact Order, or a no‑contact condition in a criminal case—because the type and case number dictate the procedure. Stay in perfect compliance while you seek changes; even one text or indirect... View More
Q: Can I evict my partner's abusive grandson from my home in Illinois?
I live in Illinois and my partner's 19-year-old grandson resides with us in my house. I was his guardian until he turned 18. I've had to call the police on him multiple times due to his abusive behavior, including putting holes in walls, throwing me to the floor (I'm disabled), and... View More
Cheryl Powell
answered on Oct 29, 2025
answered on Oct 29, 2025
Yes. It sounds like an Order of Protection might be more appropriate.
Q: My brother severely abused me when I was about 5-25yo. What are my legal options now?
Abuse includes him verbally threatening my life, holding me underwater while I struggled to get up for air, strangling me, suffocating me, blowing fire in my direction using a lighter and aerosol product, using my body as an airsoft gun target, unlocking my bedroom and bathroom doors while I was... View More
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James L. Arrasmith
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answered on Oct 28, 2025
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answered on Oct 28, 2025
What you went through is heartbreaking, and you deserve both justice and healing. Even though the abuse happened years ago, you may still have legal options. Many states have extended or removed the statute of limitations for crimes involving child abuse, especially those with sexual or severe... View More
Q: How can I appeal a disciplinary proceeding at UIUC, with police support indicating I was a victim?
I need assistance in appealing a disciplinary proceeding initiated by the University of Illinois Urbana-Champaign's campus conflict management committee. The proceeding was based on a confrontation with my roommate, who lodged a complaint against me. There were no witnesses, but a police... View More
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James L. Arrasmith
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answered on Oct 21, 2025
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answered on Oct 21, 2025
Since your deadline to appeal is approaching, act immediately by preparing a clear, factual written statement. Start by explaining that you were unable to attend the disciplinary hearing or your exams due to documented health issues caused by the stress of the incident. Attach any medical records,... View More
Q: Father in another state texting threats about showing up at my work or home. What are my legal options?
My father, who lives in a different state, has been texting me threats stating he will show up at my workplace or home, saying it "won't be good for me" and mentioning he doesn't care if he goes to jail. I have saved these messages but have not contacted law enforcement or... View More
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James L. Arrasmith
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answered on Oct 14, 2025
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answered on Oct 14, 2025
You have actionable options right now. Save and back up every message; take screenshots that show the sender, date, and time, and keep a simple incident log describing each threat and how it made you feel. If you believe there is an imminent risk, call local law enforcement so there is a report on... View More
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Immigration Law, Child Custody, Domestic Violence and Family Law
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Q: Legal options regarding ex-wife's citizenship and child safety.
I was married to my ex-wife for eight years, during which time she obtained her citizenship through our marriage three years before we divorced. I have concerns about the legitimacy of our marriage, suspecting she married me primarily for citizenship, especially as she asked for a divorce shortly... View More
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James L. Arrasmith
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answered on Oct 11, 2025
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answered on Oct 11, 2025
It’s understandable to feel betrayed and concerned for your children given what you’ve described. When it comes to your ex-wife’s citizenship, once someone has obtained U.S. citizenship, it can only be revoked under very limited circumstances — such as proven fraud during the immigration... View More
Q: Options after pleading guilty to domestic violence in Illinois?
I pleaded guilty to a Class 4 felony domestic violence charge to get released early and placed on probation due to personal issues. At the time of my plea, I had already spent 34 days in jail, and the trial was set for 2 months later. My public defender mentioned the state's case was weak and... View More
Cheryl Powell
answered on Oct 7, 2025
answered on Oct 7, 2025
You don't get a do over unless you pled less than 30 days ago. If its more, you have no remedies.
Q: What are my chances of green card approval through consular processing based on approved I-140?
I'm currently living in India and have an approved I-140 petition for an EB-2 category with a priority date that is currently current. I had to leave the USA in 2018 due to passport revocation by the Indian government related to a domestic violence case filed by my ex-wife. I have since been... View More
Carlo Franco L. Borja
answered on Oct 5, 2025
answered on Oct 5, 2025
An I-824 needs to be filed to inform USCIS and the Dept of State that you will be doing consular processing on the approved I-140 if such has not been selected. The chances of approval depends, among other things, on whether the job offered by your petitioner is still open for you.
Q: How can I address divorce and custody proceedings in California while ensuring safety in Chicago?
I recently moved from California to Chicago due to ongoing abuse from my husband and his mother. I filed for an Order of Protection in Chicago, but it was not granted because my husband did not receive the notice due to technical issues. Meanwhile, my husband has filed for divorce and custody of... View More
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James L. Arrasmith
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answered on Oct 4, 2025
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answered on Oct 4, 2025
You’re in a very difficult position, and it’s understandable to feel afraid and uncertain. Because your husband filed for divorce and custody in California, you must respond within 30 days to avoid losing your right to be heard. You can file your response from Chicago by mail or electronically,... View More
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