There are several types of orders of protection under Illinois law, and each type carries its own consequences for the one who is served with the order. Additionally, violating any type of protective order can result in a criminal conviction. There are two common types of Illinois protective orders—civil orders of protection and stalking no contact orders of protection. It is essential to understand the differences between them. Civil Orders of Protection  Illinois’s domestic violence laws have established a process for...

Illinois has two broad categories of orders of protection—civil orders of protection and criminal orders of protection are both part of Illinois’s efforts to protect domestic violence victims. However, there is a low threshold of proof required to get an order of protection issued. Moreover, the consequences to the accused can be severe. How and Why a Criminal Order of Protection is Issued  Any individual who claims that he or she has been the victim of domestic violence can go...

Illinois has a strict set of laws and regulations designed to protect victims of domestic violence. Under the laws that govern orders of protection in Illinois, you can be charged with a domestic violence crime without even committing an act of violence. In fact, one can violate an order just by contacting the subject of the order. Violating Orders of Protection  Under Illinois law, when an order of protection is violated, you can be charged with a Class A misdemeanor which is...

In Illinois, there is one Thanksgiving tradition most drivers would rather avoid—DUI roadblocks. During major holiday weekends, such as Thanksgiving, local law enforcement will shut down streets to screen drivers for signs of driving while under the influence of alcohol or drugs. These DUI roadblocks often lead to several arrests for a variety of offenses. When DUI Roadblocks are Allowed  The U.S. Constitution protects citizens from unreasonable searches and seizures; however, the courts have allowed DUI roadblocks in certain situations and the...

Across the United States, the debate about guns shows no signs of cooling down. Recently, Florida moved one step closer to allowing their citizens to openly carry a weapon. Under the bill, which recently passed through its first committee vote, concealed weapon permit holders would also be allowed to openly carry firearms, subject to certain restrictions. If passed, Florida would be only one of a handful of states to allow the open carrying of firearms. In Illinois, the law looks...

While the national news has been filled in recent months with the tragic accounts of mass shootings in different parts of the country, every day local news reports contain stories of gunshot injuries and deaths. Recently, the liability of gun manufacturers has been an issue in the presidential campaign. Politicians disagree on how much protection gun manufactures should have from lawsuits. Brief History of Gun Manufacturer Liability  During the 1990’s and early 2000’s, several large suits were filed against gun...

After a complaint is made against you to the Illinois DCFS, an investigation is then conducted. If an investigator determines the allegations against you are credible, then your name is entered into a database for as long as 50 years. Even if you are never criminally charged or convicted of anything, your name will stay in the database, unless you appeal the findings and win. Filing an Appeal Once a DCFS investigation has made an indicated finding, you will only have...

Thanks to a combination of technology, drug addiction, and our financial system, identity theft is constantly on the rise. In Illinois, identity theft has a specific meaning in criminal cases. There are four main crimes that are considered identity theft in Illinois: Identity Theft Aggravated Identity Theft Transmission of Personal Identifying Information Facilitating Identity Theft What Actions Are Considered Identity Theft?  Identity theft usually involves using someone else’s credit card or bank account without their permission for your own financial gain....

Dissipation is a legal term that means to use or spend assets improperly. In a divorce case, dissipation is when one of the spouses uses the assets or property that belong to both of them for their own benefit for a purpose unrelated to the marriage. Because the law requires a judge to divide the marital property equitably, if one spouse has improperly wasted the assets of the marriage, it affects how the judge will divide the property. What Makes...

In our high tech society, stealing money or property does not require a face-to-face encounter. Everything from checks, electronic bank transfers, to credit and debit cards can be used to commit crimes. In Illinois there is a specific crime for misusing a credit or debit card to try and steal money, goods, or services that you are not entitled to. There is also a law that makes it illegal to use certain deceptive practices, often involving checks, to obtain money,...

Illinois has very strict laws that govern minors and alcohol. Anyone under age 21 can be convicted of a crime just for holding alcohol, even if they never drink a sip. The consequences for any convictions relating to being a minor and drinking or possessing alcohol can impact your life even after you have completed any criminal sentence. Types of Crimes Relating to Minors and Alcohol  The most basic crime involving being a minor and having alcohol is called minor...

Throughout the United States prisons and jails are increasingly filled with people who suffer from severe forms of mental illness. One recent study found that across the country some 356,000 inmates in jails and prisons have serious mental illnesses, while only 35,000 individuals with severe mental illnesses reside in state psychiatric hospitals. Illinois, like many states, offers criminal defendants the option to raise the so-called insanity defense when charged with a crime. The Illinois Insanity Defense Under the law in...

Divorces are notoriously contentious legal matters. With emotions running high, divorce cases can often become tense and deeply adversarial. Unfortunately, in some cases the aggressiveness in divorce reaches unsafe levels. Sometimes, a party to the divorce may need to seek an order of protection against the other. Such an order can help protect a party from abuse, threats of harm, harassment and stalking. However, in order to file for an order of protection, the concerned party must take certain steps...

Whether you are a domestic violence victim, or have been accused of domestic violence, it is important to contact an attorney for an order of protection case. These cases are very fact-specific, and it takes an experienced attorney to sort through the complexities involved. Your attorney can represent you in court, and advocate for your needs. Both the petitioner and the respondent face different difficulties in the order of protection process. This legal process is not simple, but your lawyer...

Victims of alleged domestic violence, assault, or battery can seek legal protection through orders of protection. These orders of protection are broadly organized into two categories: criminal and civil. The specific facts of your case will determine whether a victim chooses to seek a criminal or civil order of protection. Whether you need to seek an order of protection, or need to defend yourself against such an order, it is important to consult with an experienced domestic violence attorney. Criminal...