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Illinois Domestic Violence Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Child Support and Domestic Violence for Illinois on
Q: can i put my childs father on child support if someone else is on the birth certificate? without letting him see my son?

Hi i was 18 when i got pregnant and i was dating someone who is not a model citizen. he has a lengthy police record has been to prison multiple times and is involved in a "gang" and is involved in drug related activities we broke up when i was 3 weeks pregnant. when i started dating my... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2018

No

1 Answer | Asked in Domestic Violence for Illinois on
Q: How do I contact someone in order to drop charges of domestic battery
Cheryl Powell
Cheryl Powell
answered on Feb 15, 2018

Call the victim witness coordinator at the state's attorney's office.

1 Answer | Asked in Domestic Violence for Illinois on
Q: My husband got charged with domestic violence but he also has priors back in 1998 will he do jail time ?
Juan Ooink
Juan Ooink
answered on Feb 12, 2018

It is possible. You need to hire an experienced attorney to assist him right away.

1 Answer | Asked in Domestic Violence for Illinois on
Q: What’s the most probable outcome from a charge of domestic battery with body harm? Dupage 1st offence in my entire life

My wife and I were leaving a bar, it was a lot of snow outside, when leaving and trying to go for a taxi, I push her to one side and I tried to go different side. She felt because of my push, when she stood up, she was bleeding from the forehead. We were not arguing or something like that,... View More

Juan Ooink
Juan Ooink
answered on Feb 12, 2018

Yes, you have the right to an attorney of your choosing. I would not wait to hire a private attorney. The sooner an attorney starts working on your case the better. I strongly suggest you hire an experienced criminal defense attorney right away.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: Once an OP expires for domestic battery on a child, will a judge force my son to be a part of his dads life?

My son resides with me and recently an OP for abuse expired and now his dad is trying to make contact. My son is 15 and fears him. Doesn't want a relationship with his father at this point. Will a judge order him to anyways? Or will it be my sons choice?

James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2018

A judge will rule based on the evidence presented and how it is presented. Although public policy in Illinois favors the involvement of both parents in a child's life, this public policy can be overcome by persuasively presenting facts to the judge demonstrating he or she needs to consider... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: brother’s gf pressed charges for domestic violence/bodily harm. Can she remove them? She doesn’t want to hurt his record

She doesn’t want to continue with it. They’ve separated and now have no contact. Has a bond of $10000. He paid $1000 to get out of jail. Will he have to pay the remaining $9000?

Juan Ooink
Juan Ooink
answered on Jan 16, 2018

No he will not have to pay the remaining $9,000.00 just as long as he makes all of his court appearances. She can speak with the State and see if they will drop the charges because she no longer wants to continue the case against him. This will work in Cook County but it will not work in Du Page or... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Illinois on
Q: if your mom choke a child will they go to jail?

and if i call the cops on them will they go to jail?

James G. Ahlberg
James G. Ahlberg
answered on Jan 12, 2018

There's no way to answer this without knowing the circumstances at the time of the incident, whether your mom has a prior criminal record, whether she has been accused of something like this before, and so on.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: If you get charged with domestic battery after just finishing a case of domestic battery can you get prison time?

My step mom just recently had 2 counts of domestic battery, which got dropped.. now 2 months later she just got arrested again for domestic battery.. not sure if its 2 counts again but it probably is since she hit my father too anways she hit me ( I'm a minor) & broke my glasses & put... View More

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2018

Not likely to get prison without prior convictions.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Illinois on
Q: I didn’t know I was pregnant, had baby, now not my boyfriend, but a coworker is claiming paternity. Can he get rights?

I understand they will order a DNA test, however, if he is my baby’s father this will mean he raped me (he admitted in text I was blacked out drunk and assumed I was on birth control) and didn’t tell me he was not safe. How likely would it be that he can get rights to my baby? I was already 35... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 11, 2018

You need to see a lawyer ASAP. You're right about a DNA test being necessary. If you haven't deleted the text message yet, be sure you keep it. The public policy of the State of Illinois favors both parents having a relationship with a child, so yes, he may have rights. Off the top of my... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: Charged with aggravated domestic battery..on video facing 3 to 7 years no history of this. No past criminal history .

Do I stand a chance state charged me she did not press it or ask for o.p..whats my best defense

Juan Ooink
Juan Ooink
answered on Jan 9, 2018

This is a question for your attorney because they have all of the information regarding this matter. If you have not hired an attorney yet, you need to do so right away.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I blacked out woke up and was told I slapped my fiance aggravated domestic battery she didn't press charges.

How can we get back to each other we have home bills kids ??

Juan Ooink
Juan Ooink
answered on Jan 9, 2018

Confused, if no charges have been pressed who is preventing you from being with your fiance? I am going to assume that you were arrested and charges have been pressed against you. You need to hire an attorney to assist you with this matter. That attorney could file a Motion to Modify Conditions of... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I'm just curious as to what happens at pretrial at court for domestic violence

3 misdemeanor counts of dv and 1 felony charge of great bodily harm

Juan Ooink
Juan Ooink
answered on Jan 4, 2018

Typically the matter will be continued for another pretrial or set for trial. If it is early in the case it is likely the case will just be continued for further pretrial.

1 Answer | Asked in Domestic Violence for Illinois on
Q: who do you can contact when you’re falsely accused of domestic battery
Juan Ooink
Juan Ooink
answered on Jan 2, 2018

You need to contact an experienced criminal defense attorney right away.

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Illinois on
Q: It was court ordered during my divorce that my ex pay me $800 a month for 8 years because he admitted to hurting Me.

He stopped paying and is behind 2 months now, he was warned that I could still press charges by my lawyer. Can I do that even though it was years ago that it happened. What should I do to get the money he owes?

James G. Ahlberg
James G. Ahlberg
answered on Dec 28, 2017

The 8 years is measured from when the court order says payment begins. It is irrelevant when the conduct leading to the court order occurred.

1 Answer | Asked in Criminal Law, DUI / DWI and Domestic Violence for Illinois on
Q: Is it hearsay to use a previous officers breathalyzer results with no charges filed in a later investigation?

If i had two police interactions in one night and the first time I was given a breathalyzer test and no charges became of the situation , would it be hearsay if the next time i had an interaction the previous cop told the present cop what my results were without administering a test himself?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2017

Hearsay is only applicable in court. Cops can use hearsay in furtherance of investigations broadly speaking. To answer your specific questions would require a deep analysis of the situation that you can’t get online.

1 Answer | Asked in Domestic Violence for Illinois on
Q: "However you need not appear for the next court date (unless you're subpoenaed). What is that mean?
Juan Ooink
Juan Ooink
answered on Dec 17, 2017

Subpoena is a Court Order. You are likely a witness and not the defendant.

2 Answers | Asked in Domestic Violence for Illinois on
Q: I am married and was arrested for domestic battery. They told us no contact, how long does the no contact last?

My wife and I want to work things out but no one is telling us how long to stay away from each other, and my court date isn't for another two weeks.

Juan Ooink
Juan Ooink
answered on Dec 8, 2017

Your bond slip will tell you. If there is no time frame on the bond slip, you can not have contact with her until your case is resolved. An experienced attorney can motion to the court to have the conditions of your bond modified to allow you to have contact with your wife. I strongly suggest you... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was assaulted by my ex but the police didn’t make a report or arrest him because i had a weapon for protection.

I had a bat for protection and during the assault i didn’t use it against him but he snatched it from me and continued to assault me. When police arrived that suggested we go our separate ways but this is not the first time he’s assaulted me. It’s in the 10’s. Can i get a restraining order?... View More

Juan Ooink
Juan Ooink
answered on Dec 4, 2017

You could petition the Court in the County where this happened for an Order of Protection against your ex.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Domestic victim failure to show up in court - what is the law versus the reality in Cook county?

Although it is Illinois law that if the victim of a domestic battery does not show up on court date, they may be arrested, how often does that actually happen in Cook County?

Thanks.

James G. Dimeas
PREMIUM
James G. Dimeas
answered on Nov 30, 2017

I've been practicing law for over 25 years and I must have handled hundreds, if not thousands of Domestic Battery cases. I've never seen a complaining witness (victim) be arrested for not appearing in court in Cook County.

1 Answer | Asked in Domestic Violence for Illinois on
Q: If my husband sometimes abuses me but we are willing to go to counseling and he admits abuse then will he go to jail?

If my husband abuses me sometimes but we are going to counseling and he admits abuse to the therapist would they still honor patient confidentiality or would it fall under the "unless you are causing harm to yourself or others" part? We want to get help hut im afraid if he slips again and... View More

Cheryl Powell
Cheryl Powell
answered on Nov 26, 2017

Therapists are required to report child abuse, potential homicides and suicides. Not spousal abuse.

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