Illinois Domestic Violence Legal Questions

I am not sure what abusive means. If hes's committed a crime towards you, he can be arrested, but then he's not paying the rent and utilities.  You're both on the lease. I don't see what right you would have to just evict him.  You could seek a domestic order of protection which gives the judge an option of awarding you custody of the home and banishing him from the home, at least temporarily.  Or you could move out and go elsewhere. That's probably your best option. ... Read Answer

  Please contact an experienced criminal defense attorney as soon as possible. This is a serious matter. The prosecutor may still wish to go forward even though your spouse does not wish to proceed. Please also check your conditions of bond to see if you are allowed to have any contact with her.   This is not the type of situation in which you should represent your self.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read Answer

You have been ordered to appear in court and testify. Whether you appear or not is up to you. However, if you do not appear, the Court could issue a petition for rule to show cause, so that you show up and explain why you did not appear.  If you are found in contempt of the order, you could be sentenced to jail or pay a fine.    ... Read Answer

Depends on the circumstances. The key issue here is "knowledge".  Knowledge has multiple definitions in Illinois. There is "Actual Knowledge" and there is "Constructive Knowledge".   Most crimes only require "Constructive Knowledge", which is based on whether a person "Knew or should have known" the main issue.  Charges may be possible based on what the helper knew or should have known at the time they were getting the clothes.  It also depends on what specifically the Helper did to get the clothes.      ... Read Answer

The order probably prohibits bf from having contact with gf. It does not prohibit gf from having contact with bf.  The order is against the bf.  That's the most common scenario.  Whether that actually is the scenario or not requires a careful examination of the court file.  ... Read Answer

You should talk to an attorney. Depending on what specifically was dismissed and what the order specifically said, you may not be in the clear.  There are also other factors to be concerned about, such as whether you are also prohibited from contact due to bail, or whether you are prohibited based upon parental notice that you are not to contact their child. ... Read Answer

  If your husband is charged with a criminal offense, he should contact an experienced defense attorney to assist him. An attorney can help advise him of his alternatives and will know how to present witnesses and evidence should he go to trial.    This posting is for informational purposes only and should not be considered legal advice nor constitute the inception of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

Your boyfriend needs to consult with his attorney. He is eligible for felony charges, such as the classs 4 felony charge of unlawful restraint.   As the victim, you have the right to communicate to the prosecutor's office, but you do not have the right to decide whether charges will or will not be filed or prosecuted.  Charges of domestic violence are taken very seriously because of the statistical odds of reoffending, which are very high.    ... Read Answer

Generally speaking, the owner of a home can legally revoke authority for somebody to enter their property if that person is not also an owner or lease holder.  Subsequent entry constitutes trespass to real property or trespass to residence and is usually dealt with by law enforcement after a call to the police.... Read Answer

It depends on the nature of your case.  If you beat up a pregnant lady, you're much less likely to get away with just probation and a fine than if you committed an aggravated battery based upon the victim standing in a publlic location.  You really should be trying to avoid a felony, not trying to avoid jail.  ... Read Answer

You likely have conditions of bond on you that requires you to have no contact, direct or indirect, with the victim.  If that is the case, then yes you are breaking the law, even if she sought out the contact.   Depending on how you are "watching" your son, you could also be in violation for having contact with the minor child and/or stalking.    Please review your conditions of bond/order of protection.   Most of them have a section in bold that sets forth exactly what it is that you are prohibited from doing.  Violations of orders of protection are considered crimes of domestic violence, which means your subsequent violation could be used against you at your current domestic violence trial.    ... Read Answer

I suggest you hire a private defense attorney.  Perjury is a felony that carries with it the potential for imprisonment in the penitentiary.  A private defense attorney can let the State know that the domestic altercation charges are not justified, without having you directly saying it.   ... Read Answer

  There are two types of civil orders of protection; they are domestic violence and stalking orders of protection. Courtroom 202 of 555 W. Harrison in Chicago is in the domestic violence court house.  Cases that have "OP" on it are orders of protection. You would be best advised to contact and hire an attorney to represent you and your interests in court.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read Answer

  There are a number of factors that will determine the outcome of the case. Some of these may include whether she is willing to testify against him, whether she has any injuries, and most importantly, the evidence against your son.   Without reviewing the charges, the police reports, and and all witness statements, etc., it is difficult to predict the outcome of a criminal case. It is best to have your son discuss the facts and circumstances with experienced defense counsel.   This posting is for informational purposes only and does not constitute legal advice nor the establishment of an attorney client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

  If you know that you have outstanding warrants, please contact an experienced attorney as soon as possible. Generally, it is better to address this issues before law enforcement executes the warrants. Please advise your attorney of the facts and circumstances surrounding the warrants and the case so that a strategy may be devised to best assist you.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   You do not state the age of your son and when this event occurred. Your son could report the matter to the police and/or depending on the underlying facts and history of the relationship between the order may be able to file a petition for a stalking no-contact order.    Your son should consult with an attorney as soon as possible. This posting should not be considered legal advise nor the establishment of an attorney-client relationship.   Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

  In your question, you gave a complicated fact pattern. The person who you state is the victim has filed a police report and is on record. If the police contact that person again as part of a police investigation instigated by the person you state is the assailant, the victim should not discuss the case without the benefit of an attorney.   Self defense is a real defense under Illinois law. Persons should not act as their own attorney in dealing with the police, however. An experienced criminal defense attorney can best advise your family member. Please understand that answering questions on the internet should not be considered legal advice nor the beginning of an attorney client relationship. Complicated facts need to be addressed by an attorney who has the full range of facts, as well as law, at his or her disposal. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

  In your question, you do not state the jurisdiction where the restraining order was entered or the duration of the order. All of these issues may be factors as to the answer to your question. If the order is still in effect, he could have some legal issues by letting her move in with him.   He should consult an attorney as soon as possible to determine the answers to this question as well as any and all ramifications for violating a restraining order. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

  Many, if not all, police departments audiotape telephone calls reporting crimes. Although these calls are not generally publicized, I am unaware of any statute which would render these calls confidential. In fact, if they are preserved, and an arrest is later made, they could be the subject of a subpoena for evidence. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read Answer

   Your question is more complex that you may believe it to be. You are seeking trial strategy advice as well as case management advice. Furthermore, you are also posting details and possible admissions on an open forum that if found by the opposing side may be problematic to your defense.     These are not simple questions that can or should be answered on line. Please consult with and retain an experienced attorney who can assist you. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   I am sorry but your question is unclear, leaving it difficult to answer. Are you the subject of a civil order of protection or were you charged with a criminal offense? Are you on bond, with a condition of bond to not drink alcohol? If you have been sentenced to probation, has a violation of probation been filed?    In order to receive the correct advice, you should contact an experienced attorney as soon as possible. The attorney can then explain the court proceedings and advise you of the appropriate legal alternatives. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read Answer