When you think of a domestic violence crime, you probably imagine physical violence: perhaps a person beating his or her significant other, or maybe a parent abusing his or her children. The law, however, does not limit the parameters of domestic violence to physical abuse. In fact, you might not be aware that telephone harassment is a common form of domestic violence in Illinois. (This includes other electronic communications such as text messages, email, and Facebook messages.) Repeatedly calling an...

The Fourth Amendment to the U.S. Constitution guards against unreasonable searches and seizures. What constitutes reasonableness has been the subject of many court battles, and the answer to that question depends on the nature of the search. For example, a search is reasonable when a person consents to it or when a person has no reasonable expectation of privacy (like with garbage you leave outside of your house). Generally, the police must obtain a warrant to search your home because...

Mandatory sentencing is a hot-button issue that incites heated debate along the political spectrum. Opponents argue that it unfairly limits judicial discretion and prevents judges from considering mitigating factors on a case-by-case basis. Proponents argue that it ensures uniformity in sentencing and ultimately reduces crime. However, no matter the merits or disadvantages of mandatory sentencing, it is a reality in both the federal and Illinois criminal justice systems. Illinois Supreme Court Bans Mandatory Minimums for Certain Juvenile Offenders A mandatory...

Earning and maintaining a professional license–such as a medical, dental, nursing or veterinary license–is a huge accomplishment. However, it is also a major responsibility. Due to the nature of these professions (and the corresponding trust that consumers place in these professionals), the government provides oversight to ensure the public’s well-being. The Illinois Division of Professional Regulation licenses and oversees almost one million professionals in the state. With that many professionals to oversee, the Division needs consumers to report any incidents...

Some reports suggest that domestic violence is the leading cause of injury to women in the United States. Considering those statistics, it is no surprise that Illinois law takes the issue very seriously. The Illinois Domestic Violence Act recognizes that all citizens deserve to feel safe in their own home and seek to fairly protect those hurt in this manner. As part of the law, victims of domestic violence may seek an order of protection (colloquially known as a restraining...

Next year is the 150th anniversary of the assassination of President Abraham Lincoln. History tells us that this tragedy resulted from a conspiracy hatched by Confederate sympathizers. The most famous conspirator–and Lincoln’s assassin–is John Wilkes Booth, but several others played a major role in advancing the plot. The conspirators intended to assassinate four Union officials that night, including Secretary of State William Seward, who received serious stab wounds from his would-be assassin. Ultimately, even though the conceived plot fell short...

Illinois classifies certain violent actions committed against family or household members as domestic violence crimes. A “family or household member” is a special classification, which refers specifically to: Current or former spouses; People related by blood or marriage, including parents, children and stepchildren; People who currently share or formerly shared a dwelling; People with a child in common; People who are dating or engaged; and People with disabilities and their caregivers. The law takes these crimes seriously. In addition to...

In community property states, marital property is split 50/50 between divorcing parties. That is not the case in Illinois, which is an equitable division state. Illinois law recognizes that the value of a party’s contribution to the marriage should affect the value of property that the party is entitled to if the marriage ends. Thus, “equitable” is not synonymous with equal. In fact, Illinois treats marriage almost like a business partnership. More specifically, Illinois considers marriage to be a “joint...

Almost 50 percent of marriages in the United States end in divorce, which affects 1.5 million children every year. Studies show that the greater the conflict between parents during and after divorce, the more difficult it is for kids to adjust to the split. One particular source of conflict arises when parents cannot agree on a custody arrangement. Unfortunately, contentious custody battles heighten tensions and thus exacerbate the problem. While the court will determine what custody arrangement will serve the best interests...

Sometimes the most difficult aspect of a divorce is helping children understand that you are divorcing your spouse; not them. One way to reassure your children is by regularly spending time together. Keep in mind, however, that this time with your children depends upon your family’s custody arrangement. Even if awarded joint custody (joint decision-making responsibility), one parent will have residential custody, meaning that the children will reside primarily with him or her. The other parent is referred to as...

Divorce inevitably triggers a host of questions, such as how the property will be divided, who will get to stay in the family home, who will have custody of the children, or will the ex-spouse be required to make alimony (spousal maintenance) payments. Additionally, if you stayed home during the marriage, a divorce may make you wonder if you will have to return to work after the divorce. For stay-at-home moms and stay-at-home dads, that last question is particularly worrisome,...

The Second Amendment to the U.S. Constitution gives American citizens the right to keep and bear arms. However, that right is not unconditional. Federal, state and local governments also have the right to regulate the use of firearms in accordance with public safety. Last year, after an appellate court ruled on the constitutional question, Illinois became the last state in the nation to enact concealed carry legislation. Under the new law, state residents may apply for concealed carry permits. Applicants...

When Illinois became the last state to pass concealed carry legislation, gun rights advocates cheered. Under the law that took effect in January, state residents may apply for concealed carry permits. Applicants must undergo a background check, and their permit requests must be approved by law enforcement. Gun control is a controversial issue and often incites heated debates. However, Second Amendment issues aside, there could be cause for concern with Illinois’s concealed carry law. Critics point to a major problem...

Police often rely on DNA evidence to help solve crimes, while prosecutors rely on it to hold alleged criminals accountable under the law. Some prosecutors, for example, will point to DNA evidence possibly linking those charged with first-degree murder to an alleged crime. DNA evidence can also exonerate someone wrongly accused or convicted of a crime, such as those who are convicted of rape. Rulings can be overturned after spending years in prison. Police first used DNA technology in their...

Driving is a privilege, not a right. Moreover, it is a privilege that comes attached with certain responsibilities, such as following the rules of the road. If a driver fails to live up to those responsibilities, or if a driver violates certain other areas of the law, his driving privileges can be suspended or revoked by the Illinois Secretary of State. A suspension is temporary; a revocation is permanent. “Permanent,” however, does not necessarily mean forever. It is usually possible...