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Illinois Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for Illinois on
Q: As a victim what happens if I’ve been subpoenaed but don’t show up for court?
Juan Ooink
Juan Ooink
answered on Sep 11, 2018

The Judge could issue a warrant for your arrest and have the Sheriff come pick you up. It is also possible that absolutely nothing will happen.

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1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Who prosecutes/acts on behalf of a child abused, neglected, or killed by his/her parents?

Would court accept a Not for Profit lawyer to prosecute on pro-bono basis in lieu of appointed DA (which I assume is who acts on behalf of the child) Thank you!

James G. Ahlberg
James G. Ahlberg
answered on Sep 2, 2018

In Illinois prosecution of a crime is the responsibility of the states attorney for the county in which the crime occurred. Under certain circumstances the Attorney General's office can prosecute some cases. I am not aware of that a private attorney (whether acting not for profit or otherwise)... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: What is the time limit on an incident for an order of protection.??

My wife got an emergency order of protection without me knowing, and I have not done anything since over 8 months ago. We last had a conflict about 8 months ago, and suddenly she has issued an order of protection, and I can't see my kids, but I haven't done anything wrong.

Jeremy Wang
Jeremy Wang
answered on Sep 2, 2018

You need to be served with Notice that an Order of Protection is being filed against you. A spouse may do this for tactical reasons when it comes to pre-emptive divorce and custody of children. You will need to consult with a family law attorney as soon as possible.

1 Answer | Asked in Domestic Violence for Illinois on
Q: What happens if I dont go to court if I am summoned on a domestic?

My boyfriend was arrested for DV and they want me to testify, but I want the case dismissed. If I do show up to court, can I just tell them I refuse to testify? Sheriffs came knocking on my door today but I didnt answer. I dont know what to do.

Juan Ooink
Juan Ooink
answered on Aug 30, 2018

Your boyfriend needs an attorney and your boyfriend needs to discuss this with his attorney. If he has not hired an attorney yet, he should do so right away.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Is there a time frame for an incident in which you can file for an order of protection??

The last time an incident happened was over 6 months ago, can an order of protection still be filed??

Cheryl Powell
Cheryl Powell
answered on Aug 24, 2018

Yes, but you cannot get an emergency order of protection without notice. You have to try to get a plenary order of protection, with him having notice to appear if he so chooses.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: Will an injunction help me after the mother of my child filed a op against me or should I just comply with the order

She called the police on me because I would not let our son leave the house with her When Chicago pd came they witnessed her and other family members drinking and at the time, so they told us that the baby stays with me. The police did not file an actual report but did say that everything was... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 24, 2018

You're not going to get an injunction against an order of protection. I'm assuming she got an emergency order of protection against you. You must comply with it. Your chance to fight it comes at the next hearing on the order of protection (for which you should have received notice as part... View More

1 Answer | Asked in Family Law and Domestic Violence for Illinois on
Q: I’m 17 and my sister(18) told me that this kid (14) keeps beating on his mom is it legal for me to fight him?

His mom says the courts keep dismissing the domestic violence charges (7 so far) due to the fact that he is unfit for trial

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2018

If you actually see him attacking her you have the right to defend her, but only to the same level as she is being attacked (if he's using his fists you can't use a knife, for example) and only until the attacker stops attacking or runs away (meaning you can't keep attacking him if... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: Can you have a domestic violence charge dropped if you agree to counseling?
Juan Ooink
Juan Ooink
answered on Jul 18, 2018

Not likely, because the Judge will order counseling if you are found guilty or if you plead guilty. You should discuss this with your attorney. If you have not hired an attorney yet, you should do so now.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Is jail time mandatory for a domestic battery offense?
Juan Ooink
Juan Ooink
answered on Jun 18, 2018

It depends on the charge. You should hire an attorney right away and discuss this matter with that attorney.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I have an emergency op on a man who is fighting it..do I need an attorney at the court date and if not what

I have text message threats from him to me that granted the op and now he’s fighting me because I want to keep it for two years

Juan Ooink
Juan Ooink
answered on Jun 4, 2018

Having an attorney by your side would not hurt you, it will only help. Also, it is possible that he may have an attorney with him.

1 Answer | Asked in Domestic Violence for Illinois on
Q: What happens after you file a domestic battery police report but not an order of protection? Will abuser get contacted?

I filed a police report on my ex boyfriend after he beat me up, I filed complaints of him harassing me over the phone from incidents from a while back. I haven't filed for order of protection because I'm scared that it will affect his probation and he will take it out on me.

Juan Ooink
Juan Ooink
answered on Apr 17, 2018

If you filed a police report, it is likely that your boyfriend will be charged and arrested for Domestic Battery, which will absolutely cause him issues with his Probation.

1 Answer | Asked in Domestic Violence for Illinois on
Q: If you werent convicted of domestic violence, why is it still on your report?

This is hindering me from getting my desired job

Juan Ooink
Juan Ooink
answered on Apr 15, 2018

Until the matter is expunged, it will remain as a matter of public record for the rest of your life. I suggest contacting an attorney to assist you with expungement proceedings.

1 Answer | Asked in Domestic Violence for Illinois on
Q: If wife gets an order of protection against their husband who was going to press charges against her can he still?

He was going to file assault charges

Juan Ooink
Juan Ooink
answered on Apr 13, 2018

It is possible for something like this to happen.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I charge my bf for domestic violence/battery, if i want to drop charges, can I? He got CDL and don't want to affect him.

I seek help in a bank i wrote the teller a note, teller call the cops and i sign for the report but i don't want him to have a bad record for his CDL

1. Does it hurt his CDL?

2. Can i drop the charges and ask the judge to get him psychological help?

Juan Ooink
Juan Ooink
answered on Apr 3, 2018

The Domestic Battery will not cause him issues with his CDL but his employer may do a background check and these charges could cause him to be fired or not employed in the future. You can ask the Judge to drop the case but then the Judge loses all power over him and cannot order him to do anything... View More

1 Answer | Asked in Divorce and Domestic Violence for Illinois on
Q: Is there a possibility that you can divorce after 2 weeks of being married? Also does a domestic report help?
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 24, 2018

Yes, you can obtain a divorce immediately upon getting married if the other party agrees. If he or she does not agree, you have to be separated six months.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Does your employer find out if yuo are charged with domestic abuse?
Juan Ooink
Juan Ooink
answered on Mar 23, 2018

Criminal charges are a matter of public record and sometimes a simple internet search can bring up criminal background or pending charges. You need to hire an attorney to assist you with the Domestic matter.

1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: Can court order visitation still be vaild after transferring case to another town?

I am in domestic violence housing and fighting for costody with protection order for me and my kids. I had the case transfer since me and the father moved and the judge didn't care about my daughters safety, health and mental state as she is 5yrs old. I wanted to know if the court order is... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 3, 2018

As a general rule, a court order remains effective until it is vacated (meaning it is effectively canceled by a judge), it is modified, or it has become moot (meaning there is no longer a reason for it, such as occurs when all the children affected by a visitation order are no longer minors). You... View More

2 Answers | Asked in Domestic Violence for Illinois on
Q: What if me and my bf got into a fight and i hit him first and then he hit me. But i made a statement that he hit me and

Didnt say he hit me. He got charge with a physical touched something like that... Now we got to go to court. What can happen ? I dont want to testify against him

Juan Ooink
Juan Ooink
answered on Feb 19, 2018

He is likely charged with a Domestic Battery, which is a Class A Misdemeanor in Illinois punishable up to 364 days in jail and up to $2,500.00 in fines. His criminal background will determine what type of sentence he receives if he is found guilty. He should have an experience criminal defense... View More

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1 Answer | Asked in Domestic Violence for Illinois on
Q: If divorced over 5 yrs & still suffering frm the Domestic violence,mental&verbal abuse for 30 yrs, can a case be opened?

Dealt with constant threats of taking child away, defamation, choking, hitting, lies, the psychological and physical manipulations, money threats, losing culture activities, all friends due to jealousy. Controlled all life activities with manipulations.

Cheryl Powell
Cheryl Powell
answered on Feb 16, 2018

Get order of protection asap!

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