Illinois Domestic Violence Legal Questions

   Please understand that many prosecutor offices in Illinois have a "no drop" policy on domestic violence cases. Other offices do not have such a policy. Based on such considerations, as well as the evidence against your boyfriend, such a prosecution may or may not be successful.    Moreover, you did not indicate whether or not your boyfriend is allowed to have contact with you during the pendency of this case. In other words, is there a pending civil order of protection or is there a condition of his bond that he have no contact with you? If so, and he does, he could face more severe punishment.    Your boyfriend make certain that he is represented by an attorney well versed in domestic violence cases. His counsel should be made aware of your feelings regarding proceeding with this case. The attorney can then determine the best course of proceeding, whether it be discussing the case with the prosecutor, or proceeding to trial. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.  ... Read More

    Based on your question, I presume that you have been served with the petition and emergency order. The next question would be whether you contested this order or whether you failed to appear and there has been a default judgement against you.     You need to contact an experienced attorney who can best advise you how to proceed. It is important to know, however, that if such an order is in effect you should have no contact with her WHATSOEVER. No phone calls, no emails, no contact through third parties. Violation of a civil order of protection is a crime.      Please consult with counsel as soon as possible. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com      ... Read More

  Your question is what are your legal remedies regarding a person who continually physically abuses you? First and foremost, if you can contact law enforcement and possibly pursue a criminal case against the perpetrator.   Additionally, and alternatively, you can petition the court for a civil order of protection against the person abusing you. If it is a family member, or someone considered under the Illinois Domestic Violence Act, 750 ILCS 60 et.al, as a family member, you may file a petition under that act. If the person is not a family member, you may be able to file a petition under the Stalking No Contact Order Act, 740 ILCS 21 et. al.    It is always best to contact an experienced attorney who handles domestic violence matters to determine your options and advise you fully and completely of the ramifications of those options. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read More

  You may or may not be eligible for victim compensation. It depends, in part, whether you have filed a police report and pursued criminal charges. In Illinois, the Office of the Attorney General handles these types of claims. Please contact them to determine if they can assist you under the Victim Compensation Act.  Additionally, depending on whether charges have been filed and which ones, there may be possibly an issue of restitution. Those matters are handled by your local state's attorney's office.    Whether or not you can sue for damages, is an issue for you to discuss with an attorney who handles civil personal injury lawsuits. Lori G. Levin Attorney at Law 180 North LaSalle Street, Suite 3700 Chicago, IL 60601 312-972-3756  ... Read More

  It is difficult to determine from your question whether or not the preliminary hearing has taken place. It sounds like she already testified at the preliminary hearing. If that is the case, then if there has been a finding of probable cause, the case is now proceeding. Moreover, if he is actually  charged with the offense of Home Invasion, this is a Class X offense.   Your friend should immediately contact an experienced criminal defense attorney to determine whether she herself now has legal issues. If she has testified, she has done so under oath. She should contact an attorney directly. Lori Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756      ... Read More