Orders of Protection, also known as restraining orders, are a powerful legal prohibition against an alleged abuser coming into contact with, or even coming within a certain distance of, an alleged victim. Although Orders of Protection are important and necessary in genuine situations of abuse, they can also be weaponized by people who are not acting in good faith. To learn more about Orders of Protection in Illinois, including when they can be implemented and removed, read on.

Types of Orders of Protection

Illinois law provides three basic types of Orders of Protection: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. It is important to understand what each order entails and when it can be used.

• Emergency Orders of Protection can be obtained right away, without obtaining testimony from the alleged abuser. They can last up to 21 days and can prohibit an abuser from coming into contact with the victim. Even if you believe that an Emergency Order of Protection has been wrongly filed against you, it is important to abide by its terms because violating Orders of Protection carries serious consequences. There will be time to contest a further Order of Protection in the future.
• Interim Orders of Protection are meant to extend an Emergency Order of Protection if there has not been an opportunity to have a final hearing about whether an extended Order of Protection is necessary.
• Plenary Orders of Protection are final orders that a court gives after hearing testimony from both parties. Although the alleged abuser must be notified about the hearing, they may not come. In this case, the Plenary Order and its terms will be approved and can last up to two years, offering a victim the greatest form of legal protection available. If you have been notified of a hearing for a Plenary Order of Protection against you, it is crucial that you attend the hearing; once a permanent Order of Protection is put in place, it is very difficult to challenge it.

Challenging an Order of Protection

If you feel you have been wrongly targeted by an Order of Protection, it is important to comply until you have an opportunity to challenge it in court. Penalties for failing to comply include fines and even jail time. You will be notified of a court hearing, where you can challenge the testimony of your accuser and offer evidence that contradicts his or her claims. It is important to have an experienced family law attorney by your side during the hearing.

Prenuptial agreements can be great financial instruments for protecting the wishes and interests of a couple if they get divorced. Although nobody plans on getting divorced, the statistics on the success rate of marriages are clear, and more and more couples are electing to protect themselves with a premarital agreement. From ensuring a personal or family business remains intact to protecting one spouse from the other spouse’s student loans, a prenup is a highly customizable way to mitigate losses in a worst-case scenario.

In our last blog, we talked about the advantages and potential disadvantages of having a prenup. However, a prenup does not do anyone any good if it turns out to be unenforceable. Part of writing a strong premarital agreement is understanding its limitations, including when Illinois courts may declare all or part of an agreement invalid. Before you start writing your prenup, make sure you have the facts.

How Can I Make Sure I Have a Legally Enforceable Prenup?

Most prenuptial agreements are enforced by courts in Illinois without a problem. However, certain factors can cause a judge to deem a prenup invalid. These include, but are not limited to:

Prenuptial agreements are growing in popularity as a great way for engaged couples to delineate their financial expectations in a relationship and stipulate what will happen with certain issues if they get divorced. However, not everyone wants a prenuptial agreement before they get married and cannot imagine a scenario in which they get divorced.

Fortunately, the state of Illinois allows married couples to create a postnuptial agreement after the excitement of the wedding wears off and spouses settle into real life. But postnuptial agreements are not only for couples facing challenges - they can give all couples comfort in knowing that if a divorce is down the road, but they can also settle certain issues quickly and easily, potentially saving themselves time, money, and heartache.

What is the Point of a Postnuptial Agreement?

Like a prenuptial agreement, postnuptial agreements are legal contracts wherein spouses agree ahead of time about what they will do regarding certain issues if they should get divorced. Specifically, postnuptial agreements often address the question of marital and individual property, determining how spouses will divide what they owned before getting married and what they have accumulated together. Spouses can also address the question of spousal maintenance (formerly known as alimony) and may even address what the financial contributions of each spouse towards retirement and savings funds will be during the marriage.

Once you’ve made the decision to get divorced, you have to choose from a wide variety of options and strategies. Do you want to try to do it yourself in an uncontested divorce? Is it better to approach the situation cooperatively, or to try to aggressively pursue everything you are hoping for? Do you want to utilize a large team of professionals, or keep the process as small as possible?

While not every situation allows parties to cooperate, there are two great alternative dispute resolution strategies that are highly effective even when the dynamic between divorcing spouses seems impossible to navigate: Collaborative divorce and mediation. Whether either of these options is good for you can be a tough decision to make, but a qualified Illinois divorce attorney may be able to provide advice.

Collaborative Divorce

Collaborative divorce involves both spouses hiring their own attorney who is committed to working together with a team to create a divorce agreement. Because attorneys are required to work with each other, everybody shares the goal of solving issues and reducing conflict. Spouses can hire a team of divorce professionals that may include a child psychologist, a divorce coach, financial professionals, as well as anyone else who might be helpful. If the collaborative divorce process fails, the entire team is dissolved and the attorneys cannot represent spouses in the future.

Although marijuana was legalized for recreational use in Illinois, other controlled substances continue to be illegal without a prescription. Possession of an illegal drug carries charges and penalties that can vary according to substance; for example, having even .05 grams of heroin, which is a Schedule 1 controlled substance, allows for felony charges, including prison time.

In addition to the illegality of using or selling controlled substances, drug paraphernalia - such as pipes, bongs, or hypodermic needles - is illegal to possess or sell as well. Charges of possession of drug paraphernalia are serious and Illinois is notoriously hard on drug crimes. In this blog post, we will answer some general questions about drug paraphernalia charges, but each case is unique and a qualified Illinois criminal defense attorney is the best person to answer your questions.

What Counts as Drug Paraphernalia?

Certain materials are clearly drug paraphernalia, but there may be some question about others. For example, if heroin is found in a backpack, is that backpack paraphernalia? It depends. Illinois law defines drug paraphernalia as materials used for the following purposes:

Illinois family law is primarily interested in preserving the best interests of children. Because both parents have a financial obligation to support children, child support payments must be calculated when parents get divorced. This can be a stressful experience for both parents, and a certain amount of anxiety and frustration is normal.

Calculating child support payments in an Illinois divorce or child support order modification is done according to a formula, but it is not a simple process. Illinois uses a process known as the “income shares method” to determine each parent’s financial obligation and whether one parent must make payments to the other. We will discuss this method in some detail below.

How Does a Parent’s Income Influence Child Support Payments?

Both parents must share their gross monthly income in a financial affidavit with supporting evidence like pay stubs or W-2s. Then, using a standardized chart, the parents’ gross incomes are used to estimate their “Standardized Net Income.” By combining each parent’s Standardized Net Income, child support payments are then estimated using the Income Shares Schedule chart to determine the total child support amount parents must contribute. Then, according to the percentage of the parents’ Combined Net Income each parent earns, as well as how much time each parent spends with the child, final monthly payments are determined.

The prospect of divorce in Illinois brings with it a host of questions and issues that must be resolved. Because pregnancy also raises complex questions and difficulties, it is no wonder that getting divorced while one spouse is pregnant presents unique concerns.

People who are considering divorce but are unsure of how a pregnancy would change the process often have many questions. In this blog, we will answer some of the most common questions about combining these two important processes, but readers should keep in mind that a qualified Illinois divorce attorney is the best person to go to for help.

Is a Simplified Divorce Available to Pregnant Couples?

Many young couples who have not been married for long and who do not share complex assets can file for a simplified divorce, which is generally easy, faster, and less costly than a contested divorce. But simplified divorces are only available to couples who do not have children or who are not pregnant.

Divorced parents in Illinois often feel relief at the prospect of seeing child support payments end when their child turns 18 or graduates from high school. Of course, this does not signal the end of the parent’s support for the child but instead marks the end of one parent making payments to another parent on behalf of the child.

But divorced parents should be aware that certain circumstances exist wherein they may be ordered to financially support their child even after the age of 18. A court order to assist a child with college expenses is one such case. Understanding how Illinois law works in this regard is important for ensuring you meet your legal obligations.

When Can Parents Be Ordered to Pay College Expenses for an Adult Child?

Interestingly, Illinois courts do not have the authority to require married parents to pay for their child’s college expenses. But if the parents are divorced or were never married, the courts do have this authority. This kind of child support is called “non-minor support.”

It is a well-known fact that colleges and universities are often hotbeds of reckless underage drinking. More than half of college students admit to riding in a car knowing the driver was under the influence, and college-age students represent an outsized share of drunk driving accidents.

Because of the inherent dangers of driving while drunk, Illinois takes driving under the influence (DUI) charges very seriously. At any age, getting hit with a DUI has expensive and long-lasting consequences, but the penalties faced by underage college students can be particularly damaging to a young adult’s future.

What Is a Zero-Tolerance Law?

Illinois law states that a minor who has even the smallest amount of detectable alcohol in their system while driving can be charged with an underage DUI and have their driver’s license suspended for three months to a year.

Parents in Will County, IL who are getting divorced or modifying their joint parenting order must create a legally binding document stipulating the decision-making responsibilities and parenting time schedule of each parent with their child. This document is called a “parenting plan.” Parents are encouraged to work together to create a parenting plan that meets the needs of the children while making sense for both parents.

The “right of first refusal” is an important piece of any parenting plan. Designed to maximize the time a child can spend with each parent, the right of first refusal requires divorced or separated parents to contact each other, rather than a babysitter or family member when they need additional child care. This article contains three helpful facts about the right of first refusal in Illinois. If you have any questions about the right of first refusal, contact a Lockport family law attorney right away.

The Right of First Refusal Only Applies Under Certain Circumstances

Parents must stipulate the circumstances that require offering each other the right of first refusal, including how long the absence from the children must be. The law on this matter is intentionally somewhat vague, referring to the time a parent might be away from the child as a “significant period of time.”

Now more than ever, technology allows us to do all kinds of things online. Activities that were only possible face-to-face just ten years ago have now become ubiquitous in the online world. Among the explosion of online utilities now available is a wide variety of legal services that allow users to do anything from creating a will to getting a divorce.

These services advertise themselves as easy, less expensive alternatives to in-person legal counsel from a qualified attorney. Although in some cases this may be true, it is certainly not always wise to use online divorce technology, and doing so may end up costing you significant amounts of time and money in the long run.

Is it Ever a Good Idea to Use Illinois Divorce Websites?

There are many reasons that a “do-it-yourself” divorce may seem appealing. Low costs, faster processing time, and fewer complications all sound great - especially if you are trying to separate from a hostile spouse as soon as possible.

For children who are born to married parents, establishing paternity is easy: The mother is obviously the mother, and the mother’s husband is assumed to be the father. However, when two people are not married, establishing the parentage of a child can pose some challenges.

Parents must seek to establish legal paternity for their child another way. Because Illinois law is deeply concerned with the wellbeing of a child and seeks involvement and support from both parents, courts will often issue Orders of Paternity in order to establish who is the child’s legal father. Before a court does this, however, it will need to determine who is the father; for this reason, genetic testing is often used.

What Is Genetic Testing?

We receive our genes, or genetic material, from two people: Our father and our mother. DNA testing compares the genes of a child to the genetic material of his or her parents. This DNA can be obtained in a variety of ways, including blood, hair, bone, or other body fluid samples, but the most common method of gathering DNA is through a simple cheek swab. This does not hurt a child.

Illinois criminal law divides criminal conduct into two main categories: Crimes against property and crimes against a person. If a thief broke into a home and stole money, but nobody else was home, then the thief committed an offense against property. However, if the same thief confronted someone on the street with a gun and stole their wallet, the crime is robbery and is considered an offense against a person. 

Assault and battery are both offenses against a person. Because assault and battery are often discussed in the same context, many people believe they always happen together or are the same crime. However, assault and battery are two distinct legal offenses that describe different behaviors and carry different penalties. 

What is Battery?

The crime of battery is committed when one person, without legal authority or justification, intentionally causes bodily harm to another person or makes physical contact in a way that insults or provokes the victim. Serious physical harm does not have to take place in order for someone to be successfully prosecuted with battery. A single slap, punch, or even finger poke in the chest could be considered battery. 

Even under the best of circumstances, Illinois parents getting divorced with young children at home face a number of difficult challenges. In addition to the loss of the relationship, parents must figure out how to tell the children about the divorce and attempt to help them process their emotions.

Professionals in divorce and child psychology have developed strategies for minimizing the negative impacts of divorce on children and families. With careful planning and a commitment to avoid blame and hostility, parents can help children through the transition so they may continue to have healthy, loving relationships with both adults. 

Practice the Conversation Together First

Experts suggest planning and practicing what you will share with your children ahead of time. Choosing the right words can be difficult in the heat of the moment. A practiced conversation can help parents avoid conflict and strong emotional reactions, allowing them to focus on the child’s reaction and needs. 

In an ideal world, every parent would easily be able to find the perfect balance of work and family life. In reality, however, when couples decide to have children, they must make difficult decisions about paying for childcare and earning a liveable income. Many times, couples decide that one parent will stay home to care for the children while the other parent pursues a career. 

This arrangement has its benefits and drawbacks. One potential downside is that it leaves the homemaking parent with little or no personal income. If the relationship sours and the homemaker contemplates divorce, he or she may feel trapped, unable to afford the legal representation they need, and worried about future finances. However, Illinois recognizes the important contributions homemakers make to their family and society. In addition to child support, the law offers protection by providing for several kinds of spousal maintenance (formerly known as alimony).

Types of Spousal Maintenance Available to Homemakers

• Temporary maintenance is a type of spousal maintenance that is awarded during the divorce proceedings. Spouses who need this kind of support may petition the court for temporary maintenance at the same time as they file for divorce, or they may do so after the initial filing. If awarded, this kind of maintenance helps homemakers afford divorce proceedings and avoid financial disaster during the divorce.

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One of the most contentious issues in an Illinois divorce is the division of assets. Assets are considered either marital or nonmarital, but it is not always easy to determine which category an asset falls into. What if you owned a home before getting married and the mortgage was always in your name, but your spouse helped you make payments on it throughout the marriage? What if you inherited $10,000 from your grandfather, but placed it into a bank account that you shared with your spouse? 

In this blog post, we will examine the difference between marital and nonmarital assets and the factors that can help a judge determine how assets are categorized. The terms “assets” and “property” mean the same thing and are used interchangeably. Keep in mind that this article is not meant to be legal advice and that the best way to obtain a satisfactory asset division in your divorce is to hire an experienced divorce attorney. 

What is Considered Marital Property in Illinois? 

Generally, marital property is any asset, whether liquid (such as a savings account) or illiquid (such as a home) that was acquired during the marriage. Whether one spouse had his or her name on the title is not usually important if spouses acquired, jointly used, or jointly paid for the asset during the marriage. Common examples of marital property include:

If you are a parent getting divorced in Illinois, you likely have questions about child custody. Many parents understandably worry about how a divorce will impact the amount of time they spend with their children. Some parents have additional concerns about how the other parent’s ability to care for the child appropriately. Regardless of your particular situation, if you are getting divorced in Illinois, it is important to understand Illinois laws regarding child custody and parenting time.

How is Parenting Time Decided in an Illinois Divorce?

Although we still use the term “child custody” to refer to general parenting duties after a divorce, this term is technically outdated. Illinois law now uses the term “allocation of parental responsibilities” to refer to parents’ decision-making authority and “parenting time” to refer to the time parents spend caring for their children.

Parents may design whatever parenting time schedule works best for their particular situation. If the parents can agree on a parenting time arrangement, they can submit the agreement to the court for approval as part of their parenting plan. Unless there is a reason that the parenting time agreement would not be in the child’s best interests, the court will approve the agreement and formalize it into a legally binding court order.

Illinois is known for its attention to the juvenile justice system. It was the first state in the country to create a separate justice system for those under the age of majority. This has been extremely important, as the juvenile court system often serves as a means for rehabilitating young people who are on the wrong path. This is different from adult criminal court in that there is a belief that children have more of an opportunity for change. However, there are still some instances in which a juvenile may be tried in adult criminal court. If you or a loved one were charged with a criminal offense in Illinois, it is important to understand what you may be up against. 

Juveniles Facing Charges in Adult Criminal Court

It’s important to note that there is never a time when a juvenile is required to be transferred to adult criminal court.

Juveniles who are over 13 years of age can only be transferred to adult criminal court if the prosecution can demonstrate that doing so would be in the best interest of the juvenile or of public safety as a whole. When coming to this determination, there are a variety of factors that the judge may consider:

Many financial issues will need to be settled during a divorce case, and determining how to divide marital assets and debts will often be one of the primary concerns that spouses will need to address. In some cases, the property division process may be fairly straightforward, but it can become more complex when a couple owns multiple types of financial assets. Retirement benefits are one form of property that can complicate divorce proceedings, and spouses will want to understand their rights regarding these assets and the methods they can use to avoid financial penalties.

Dividing Retirement Assets

Spouses may save money in multiple types of retirement accounts, including employer-provided plans such as a 401(k) or an individual retirement account (IRA) that they have set up on their own. Even though these accounts may be in one spouse’s name, they will usually be considered marital assets if contributions were made to the account during a couple’s marriage. Fortunately, determining the value of these assets can be fairly simple, and the balance of an account may be divided between spouses during the divorce process.

Pension benefits that one spouse is eligible to receive will also be considered marital assets, as long as the spouse was married while working in the job where these benefits were earned. However, determining the value of these benefits is not always easy, especially if the spouse does not expect to retire until many years or decades in the future. The best way to deal with these assets is to agree that a certain percentage of the benefits will be paid to the person’s ex-spouse. Usually, this percentage will be based on the number of years the couple was married compared to the total number of years they worked in the pension-eligible position throughout their career.

There are many reasons why married couples choose to divorce, including disagreements about finances or how children should be raised. However, many of the most contentious divorce cases involve infidelity. When one spouse has been unfaithful, the other spouse may experience betrayal, anger, and sadness, making it more difficult to reach agreements during the divorce process. Because infidelity can be an important part of why a marriage may be ending, spouses will want to understand whether this issue will play a role in their divorce proceedings.

Divorce and Marital Misconduct

Infidelity will be a highly consequential issue in a couple’s relationship, and because of this, spouses may expect that they will need to raise this issue during their divorce. However, there are only a few situations where this type of behavior may influence the decisions made during the divorce process. As difficult as it may be to ignore this issue, pointing out that a spouse who has cheated usually will not benefit the other spouse.

While infidelity may be a primary reason for the end of a couple’s marriage, there will be no need to mention this when filing for divorce. Illinois only recognizes “irreconcilable differences” as the grounds for divorce, so a divorce petition will only state that the couple’s marriage has broken down beyond repair. Similarly, Illinois law states that “marital misconduct” is not a factor that should be considered when dividing marital property or determining whether one party should pay spousal support to the other.