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Illinois Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: What can happen if I wasn't read my Miranda Rights?
James G. Dimeas
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James G. Dimeas
answered on Nov 15, 2017

The only time this matters is if the prosecution is seeking to use a statement you made to the police after you were in custody. It only applies to custodial interrogations. So if you were in custody and made a statement to the police, and the state wants to use that statement against you in... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Illinois on
Q: Mother of child accused of domestic violence by her current husband. Can I be awarded custody if she is found guilty?

My ex wife currently has custody of our daughter. Her current husband has filed an op against her for domestic violence and in op he states he does not believe my daughter is safe with her without her parents supervision (she lives with her parents). If guilty will I be awarded custody or do I need... View More

Angela Peters
Angela Peters
answered on Nov 14, 2017

You definitely need to go to court to obtain a court order for you to have custody and for you to stop paying child support.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Illinois on
Q: My wife is threatening me with past police reports should i worry about going to jail for them if she calls the police
Cheryl Powell
Cheryl Powell
answered on Nov 11, 2017

Police have already investigated past reports. They go into the pile of dust or the pile that is transmitted to the state's attorney. It is unlikely.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Domestic violence charge, a push, not a hit. No injuries. If accuser doesn't show in court, and no film or other witness

Can defendant still be convicted?

Juan Ooink
Juan Ooink
answered on Nov 9, 2017

Typically not but it is still a possibility.

1 Answer | Asked in Domestic Violence for Illinois on
Q: I call 911 on boyfriend and police came took him jail for domestic battery but I did not press charges. Can he win cases

I said didn't want to go to court didn't sign anything. I just wanted him to take his stuff so I can leave. Can he beat those charges. These charge are in Boone county Illinois

Cheryl Powell
Cheryl Powell
answered on Nov 5, 2017

You called the police. Now it is in their hands. The state decides whether or not to file charges. If you want to leave, do it when he is at work. Since you want to be separated from him, it should not matter whether charges are filed or not. Once you choose to call the police, you are at the... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: I had a background check come through saying I have a domestic battery charge. How can this be without me even knowing

This was five years ago with my bf and I got into a fight. I have never received a court day or any notifications of this. They just threw me out the following morning.

Juan Ooink
Juan Ooink
answered on Oct 16, 2017

Confusing. It is likely that you have a warrant for you arrest. I suggest you contact the Circuit Court Clerk's Office in the county that the Domestic Battery is showing up in and find out if this is true. If you do have a warrant, you should take care of this right away. I strongly suggest... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: My mother filed an Emergency Order of Protection against my brother. His court date is coming up. Does he need a lawyer?

He does not want to dispute the OoP, and my mother does not want to extend it as far as I know. Is showing up to court without an attorney okay? Neither of us can afford one for him.

Omar Khan
Omar Khan
answered on Sep 18, 2017

This is a general question. You might be okay, you might not. It depends on whether your brother has been served and violated the OoP. It depends on what the OoP is for? Is it something stemming from a domestic violence incident, etc? In order to accurately answer the question, more... View More

1 Answer | Asked in Child Custody and Domestic Violence for Illinois on
Q: Ex boyfriend convicted of domestic violence with his gf, and we have 50/50 custody will i now get full custody of kids

Ex and i have a daughter 50/50 custody, hes getting charged for beating up his now ex while my daughter was in the house watching and her son was in her arms, will i now get full custody , since he will prolly go to jail ,

Ray Choudhry
Ray Choudhry
answered on Sep 15, 2017

Probably.

A new parenting plan with him having restricted time with child.

Nothing is automatic. You will have to file something with court.

1 Answer | Asked in Child Support, Domestic Violence and Family Law for Illinois on
Q: I have 2 kids. got a fight with husband and he left home 5 days ago. 0 contact no calls . do i ask for child support

where to go and what to do do I need to go to the police to set the set the abandoned?

I don't work we don't have money to pay for food and groceries for the hpuse.

please help me i don't know what to do.

Ray Choudhry
Ray Choudhry
answered on Aug 22, 2017

Either hire a private lawyer to file for child support or contact Public Aid and they will connect you to an office that helps people with child support at no cost.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Illinois on
Q: Can I let my exs new boyfriend (s) know that she has herpes?
Ray Choudhry
Ray Choudhry
answered on Aug 17, 2017

If you want to face a slander suit.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: My boyfriend is facing a domestic battery/bodily harm felony for a mutual fight, leading him to grab me leaving a bruise

Is there anything I can do to make sure he doesn't go to jail or get this dropped

Cheryl Powell
Cheryl Powell
answered on Aug 16, 2017

Somebody made a complaint that he did this to u. Usually its the woman who protests at the heat of the moment and hss a change of heart later. Now you have to go to the state's attorney's office, tell them u do not want to prosecute and let them decide.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: My ex-fiancé didn't tell the officers he punched me but admitted to my sister he did. Can I use this in court?

My ex fiancé came home drunk and began verbally then physically assualted me. I asked him to leave and that we were over. He called 911 and told the police I assualted him but neglected to tell them the scratches on his face were from when he had me in a chokehold and then punched me. So I got... View More

Nrupa Patel
Nrupa Patel
answered on Aug 8, 2017

yes if your case goes to trial then she can testify and she should be subpoenaed. Your sister should also report this to the police

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Illinois on
Q: arrested in nov 2015 with domestic violence charges, physical abuse/bodily harm, later and before trial,

arrested in nov 2015 with domestic violence charges, physical abuse/bodily harm, later and before trial, got "disorderly conduct" plea offer with 11 months court supervision and 30 hours community service (differed or with held judgement) on August 2016, completed the court supervision... View More

James G. Dimeas
PREMIUM
James G. Dimeas
answered on Aug 7, 2017

You need to consult with an Immigration Lawyer. This is something that an Immigration Lawyer can answer.

2 Answers | Asked in Domestic Violence for Illinois on
Q: How quickly can I get a restraining order against my abusive wife?
Cheryl Powell
Cheryl Powell
answered on Aug 2, 2017

Go to the courthouse. Fill out the papers. Get in as soon as a judge can get u in.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: If my ex boyfriend abused me a few years back and I was too afraid to speak up am I able to now?

I have pictures of the markings with dates they were taken.

Cheryl Powell
Cheryl Powell
answered on Jul 20, 2017

The police won't take u seriously.

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2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Identity Theft for Illinois on
Q: If I have a protective order against my husband with no visitation unless abated by the court.

The protective order continues to be broken and we are still being harassed aa year-and-a-laternd he has given up parental rights in writing to his lawyer. We also have a family member who has decided to join in and harass me and my kids to a point that is very unhealthy and I would like to get... View More

Ray Choudhry
Ray Choudhry
answered on Jul 19, 2017

Your story is too complicated for an easy answer.

You need a sit down with an attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Victim didn't show up to trial court hearing for domestic battery case. Shouldn't case be dismissed?

Defendant was proven innocent in pretrial court hearing, and victim didn't show to trial court hearing. Defendant was on parole prior to arrest with 2 months remaining regarding a case from 3 years ago. He has already served 4 months for this domestic battery case. While serving these past 4... View More

Donald J. Ramsell
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answered on Jul 11, 2017

Ordinarily (but not automatically) the failure of the complaining witness to appear at trial will prevent a trial from proceeding. A prosecutor can still go to trial but obtaining a guilty verdict is far more difficult.

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3 Answers | Asked in Domestic Violence for Illinois on
Q: My husband is on probation and pled guilty to dui and domestic battery. He has been threatening me for the past week....

I have texts from him threatening myself and my parents house. He is also court ordered to stay out of liquor stores and is in them almost daily and drinking even though he is ordered to be in aa and not drink or be on the premises of places selling primarily liquor. Is there anything I can do... View More

Cheryl Powell
Cheryl Powell
answered on Jul 8, 2017

Talk to the police and his probation officer.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: My fiance was recently arrested for a misdemeanor domestic assault

I did not want to press charges however the state of Illinois picked it up anyway I have also been subpoenaed to appear in court I do not want to do this either what is the worst that can happen there are two children that live in the household that are not legally mine they are his I'm afraid... View More

Nrupa Patel
Nrupa Patel
answered on Jul 5, 2017

If you don't appear in court, then they can file a contempt petition against you or get a warrant out for your arrest. As a victim, you can hire your own attorney if you'd like and see if they can speak to the assistant state's attorney on your behalf.

1 Answer | Asked in Domestic Violence for Illinois on
Q: If my boyfriend violates parole for a domestic against me and gets sent back to prison, can I go and visit him?
Nrupa Patel
Nrupa Patel
answered on Jul 5, 2017

You'd have to ask DOC about any restrictions on visitations. I don't know why you'd want to visit him though if he had battered you in the past.

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