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Illinois Juvenile Law Questions & Answers
2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Civil Rights and Juvenile Law for Illinois on
Q: How to fight DCFS investigator who made false claims and manipulated information?
Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.

If you are in court and awaiting adjudication, you...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

1 Answer | Asked in DUI / DWI and Juvenile Law for Illinois on
Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?

Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More

Theodore J. Harvatin
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answered on Jul 5, 2023

First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.

He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal...
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1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... View More

Theodore J. Harvatin
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answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... View More

1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Civil Rights for Illinois on
Q: How to file appeal in juvenile court? How to file motion to dismiss in juvenile court? What are process/outcome of each?

I am parent to children involved in juvenile court due to alleged neglect. Other parent is my spouse, we are separate parties in case. Appeal rationale?: shelter care hearing occurred without prior knowledge of process of proceedings or contents of petition, given copy of petition as court began.... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You said you hired a lawyer. These questions are complicated and your lawyer should be answering them.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Left kids home alone, while I was at work. Cops came. charges for child neglect. Will dcf take my kids
T. Augustus Claus
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answered on Oct 17, 2023

Whether or not DCFS takes your kids depends on a number of factors, including the ages of your children, how long they were left alone, and whether or not they were in danger. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Illinois on
Q: I am the boyfriend of a parent and her son is being questioned, fingerprinted,etc. Why can I not go back with them?

Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2022

As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

1 Answer | Asked in Juvenile Law and Municipal Law for Illinois on
Q: Can a court system file charges without a police report?
William Wolf
William Wolf
answered on Jan 4, 2022

In short, yes.

Police have the job of investigating cases.

Prosecutors have the job of deciding whether to file charges, on which charges they should be, and whether and how to proceed on them.

There is no legal requirement, despite how unusual that may be, for...
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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: my 1 son is a xanax addict and has just recently damaged my tv while being on drugs. Can i press charges, hes 17.

He has been a serious addict for over 1 year now. I'm not getting much help and the cops seem to keep giving him a pass on his behavior. He has even caused me to have a nervous breakdown over the summer and ended up in the hospital. He does not want rehab either. He gets sent to the hospital... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2021

You need to immediately get medical and legal assistance for your son. Consult directly with the professionals of your choice.

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Illinois on
Q: My 13 year old gave another kid his I p and Google it upon which was sent by the other kid to a user in another state to

Which that person launched a DOS attack on the school disabling wifi. Now my child is being charged with a level 5 felony. Can this be true if he did not launch the attack?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2021

There is no such thing as "level five felony in Illinois", as Illinois has the following felony Classes: 1, 2, 3, 4, and X.

You must immediately discuss your minor's child criminal exposure off any public venue or fora with a competent licensed attorney as that situation has...
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1 Answer | Asked in Juvenile Law for Illinois on
Q: What happens if I leave me parents house at 17 in Illinois?

I will be 17 in 4 months, and I am more than ready to leave. I have to live with the person that abused me for a few years and it’s killing me. I have somewhere to stay, that is a safe, stable,loving home. I just need to know, what legal actions can be taken against me?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 29, 2021

Technically, the parent with legal parental rights may initiate a process of returning you home by contacting the police, state police or even the FBI, if you leave the State of Illinois, thus making your return a federal jurisdictional matter.

However, you may contact the local court and...
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1 Answer | Asked in Juvenile Law for Illinois on
Q: I turn 18 in 4 months and I want to move out of state to go live with my boyfriend and his mom. I live in Illinois.

He lives in Missouri. My probation is 18 months long. Is it possible I can move when I turn 18 ?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

No, you may not move out of the State of Illinois, even if you become 18, unless the terms and conditions of your Illinois probation permit that out of state move. Ask your assigned PO or the attorney who worked on your criminal case.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can the parents of a "victim" of statutory rape press charges against the "offender" after the "victim" turns eighteen?

Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... View More

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... View More

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can I go to jail for a crime i did at 12-13 years old?

Would I get charged as a minor or and adult or not at all for a crime that I did around 12-13 years of age, now that ima 17 years, and they reported me at 18 with no evidence, only oral statements?

Juan Ooink
Juan Ooink
answered on Dec 28, 2020

It all depends on the case. You need to have your parents hire a Criminal Defense Attorney to assist you with this matter right away. Statements are evidence, so to day there is no evidence is not a correct statement.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have proof of and paper documentation of all of my rights have been broken!

I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

Juan Ooink
Juan Ooink
answered on Nov 12, 2020

It seems that you need to hire a Family Law Attorney right away.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... View More

Cheryl Powell
Cheryl Powell
answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: My son was taken out of his mom’s care in IL. He was adjudicated as dependent. Court ruled his mom unable (not unfit)

I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Illinois on
Q: I need to show proof of insurance, but I got pulled over in a small window where it was re-newed is that not the same?

I got pulled over around the 24th and my insurance expired like around a week before. Since it was my dads car I didn't know at the moment. My dad then updated the insurance soon after so there was a brief window that I didn't have proof of insurance. When I went to the court date I... View More

Juan Ooink
Juan Ooink
answered on Sep 9, 2020

You need to go back to court and show them the current insurance card and inform them that you did not have insurance on the date and time you were ticketed. If this is your first No Insurance ticket, you should get Court Supervision and a fine. If you are still confused, you should hire an... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: My 14 year old son got charged with disorderly conduct and appointed a public defender.

The public defender says my son has to make his own appointment and I cannot be present during his appointment. Is that legal?

Juan Ooink
Juan Ooink
answered on Sep 1, 2020

The Public Defender can absolutely speak to your son alone. There is nothing illegal about an attorney speaking with their client in private. If you are not pleased with the Public Defender, you are always welcome to hire a private criminal defense attorney to assist your son with this matter.

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