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Illinois Domestic Violence Questions & Answers
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... View 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...
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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... View 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.

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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 -... View 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.

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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... View 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... View 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.

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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... View 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... View 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... View More

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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.

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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 bloody?

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.

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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.

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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.

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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...
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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.

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3 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I have a petty theft charge can you help me.
Gary Kollin
Gary Kollin
answered on Nov 4, 2018

You need to retain the services of a local lawyer.

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1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: My 14 year old son does not want to visit his father because when we were together he used to physically abuse him

When me and my ex were together he physically abused my child now he just verbally abuses him and is scared to vist his father because he threatens to hit him or slap him.Does my child get to decide to stop seeing him or in some way can we do something for my son to stop visting his father.

Juan Ooink
Juan Ooink
answered on Oct 25, 2018

You need to speak with a Family Law attorney right away.

2 Answers | Asked in Domestic Violence and Family Law for Illinois on
Q: I was recently released from prison for domestic battery, Im still married and my wife moved with my son and her b/f to

unknown area still in Illinois. I can not have contact through parole, can I still get visitation with my son? The charge was on my wife NEVER my child

William Wolf
William Wolf
answered on Oct 24, 2018

You really need to get a lawyer to discuss your options.

I wouldn't try to do anything to track down where your son is by yourself.

Seek legal counsel.

Good luck. I am sorry this happened to you.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: Can I drop a case towards somebody for domestic without the state picking it up??? So they can be released
William Wolf
William Wolf
answered on Oct 21, 2018

The best short answer is that individual citizens don't charge people, prosecutors do.

Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: My dad gets drunk and beats my younger brother.

How do we report him for domestic violence but still keep him in our lives? We need his salary to support the family.

William Wolf
William Wolf
answered on Oct 12, 2018

I can't tell you what to do here. If your father is a danger, something has to be done.

Once law enforcement gets involved, it's to a large degree out of your hands. There are no guarantees. Once a court case starts, what the judge orders is final.

The judge may issue...
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1 Answer | Asked in Domestic Violence for Illinois on
Q: If I press charges to my husband for domestic violence and he pleaded guilty what are the consequences in Illinois?

He has had two DUI’s one he was found guilty n the 2nd not guilt. He hit me on the head in front of my child. He has a green card but is not a US citizen. Can he be deported.

Juan Ooink
Juan Ooink
answered on Sep 21, 2018

Domestic Battery is a Class A misdemeanor, which is punishable by up to 364 days in jail and up to $2,500.00 in fines not including mandatory fees and costs. Your husband can be deported for just not be documented and being in the United States.

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