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IL custody lawyerRegardless of the exact circumstances, child custody gets especially complicated if there are allegations of domestic abuse against you. If you are wondering if you will be able to visit your children after a former partner or spouse has filed a restraining order against you, the short answer is yes, but each case can play out much differently. To protect your rights in determining child custody and visitation, work with an accomplished domestic abuse attorney to put your best case forward in court.

How Visitation Rules Change in a Domestic Violence Case

As in any divorce case, the court will consider many baseline factors when determining child visitation and custody. This includes the parents’ wishes, the child’s wishes, the child’s other familial relationships, the child’s relationship with his or her community, the parents’ and the child’s physical and mental health, and how much either parent wants to encourage their child to deepen their relationship with the other parent. However, whether either parent is a sex offender or if there are accusations of domestic violence against one of the parents, the case takes a much different shape.

If you are alleged of domestic abuse, the first thing a judge will decide based on the available evidence is whether you pose a physical, mental, moral, or emotional threat to your child. If any of those are the case based on past evidence, visitation may be revoked. However, this is an extreme case. In many domestic violence cases, the court must determine under what circumstances the other spouse’s and the child’s safety can be ensured during visitation. This can take shape in rules that allow a spouse’s address to remain confidential, can prevent the accused from coming directly to the other spouse’s house to meet their child, that visitation must occur at a third party residence or facility, or that the accused only maintain electronic communication with their child.

Illinois courts are allowed to grant supervised visitation, which is when the alleged abuser and their child can meet at a neutral facility with a state-assigned supervisor. This supervisor can be another friend or family member if the court agrees to it. If you are granted supervised visitation, you will have to pick up the supervision fees.

Contact a Domestic Violence Attorney in Kane County

The circumstances of every domestic violence case are unique, and if you face any such allegations, you will need exemplary legal defense from an experienced Elgin domestic violence attorney to help defend your rights so that you have the best chances of maintaining a relationship with any children you might have. The Law Offices of Brian J. Mirandola can help sort out the complicated details of your case. Call us today at 847-488-0889 to schedule a free consultation.

 

SOURCES:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

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Posted on in Domestic Violence

IL defense lawyerDomestic abuse comes in many forms. Mostly, it is physically harming another member of the household. However, the act of stalking a person can be considered domestic violence especially if the victim has an order of protection against the stalker.

Stalking is a form of intimidation and the goal of a stalker is to make their victim feel uneasy whenever they leave their home. In today’s technological world, stalking has also jumped to social media which can be just as harmful to the victim. This is why stalking is a felony offense that comes with jail time and fines as punishment for the crime.

What Is Stalking?

A person commits a stalking crime in a variety of ways. Most people think that simply following someone is the only form of stalking, but Illinois law also defines stalking as:

  • Conduct which makes a specific target fear for their safety or the safety of someone they care about
  • Conduct which causes emotional distress in the victim
  • Knowingly follows and/or watches a victim wherever they go
  • Verbally threatening the victim or the safety of someone close to the victim
  • On multiple occasions threatening to commit a violent act or to abduct the victim

These crimes are charged as a Class 4 felony in Illinois. Punishments include a fine of up to $25,000 and up to three years in prison.

If an order of protection is active in order to protect the victim from their stalker, the offending party will also face charges of violating the government issued rules.

How to Defend Allegations of Stalking

If a victim feels they are being stalked and want the offending party to face consequences, they will have to prove the stalker is acting inappropriately.

Common defenses for alleged stalkers include:

  • Mistake of fact: if the stalker has common features, the victim could have mistaken the identity of the person they believe to be stalking them
  • Entrapment: the stalker can argue that they were bribed to follow the victim and they would not have committed the crime of their own choice
  • Insanity: the stalker can try to prove they did not know what they were doing was against the law

In cases where the stalker is married or formerly married to the victim, cases of stalking become more complicated. This is why alleged stalkers should hire a lawyer to represent them in court to avoid false convictions.

Contact an Elgin, IL Criminal Defense Attorney

The lawyers of the Law Offices of Brian J. Mirandola have experience in a variety of felony defense charges. They will be able to build a solid defense strategy to help alleged stalkers prove their innocence in court. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

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IL domestic violence lawyerAbuse or domestic violence can come in all varieties. An alleged abuser can physically harm their victim or they can cause mental harm by verbal abuse or manipulation. Whichever form it comes in, domestic violence is a serious crime that can change the dynamic of a household.

Kidnapping is a felony offense and while it may not be directly considered domestic violence, in Illinois it is a way that an alleged abuser can violate an order of protection. This will bring about further consequences to the kidnapper.

What is an Order of Protection?

Most cases of domestic violence are when the woman in the relationship is the victim to the man. Some other cases see children as the victims to either parent. For each case, though, victims of domestic violence can elect to put an order of protection in place.

They do this by:

  • Reporting the abuse
  • Asking an attorney to file for one in civil court
  • Ask for one during a divorce
  • Request one during the criminal trial for abuse
  • Obtain papers from the circuit clerk’s office
  • Ask help from a domestic violence program

Once the protection order is in place, the alleged abuser will be barred from contact with the victim(s). This includes contact via physical proximity as well as phone calls or emails. In the end, protection orders serve the purpose of halting the abuse and protecting the victims.

Violation of a protection order is a Class A misdemeanor in Illinois. Abusers can go to jail for up to one year and/or pay a fine of $25 for first offenses.

How Does Kidnapping Violate a Protection Order?

Since an order of protection limits contact between abuser and victims, kidnapping goes against how the court expects an alleged abuser to behave.

Illinois law defines kidnapping as:

  • Secretly confining a victim without their consent
  • Forcibly carrying a person from one place to another with intent to conceal them without their consent
  • Deceiving a person to come with an alleged kidnapper to a secret place
  • Keeping a child away from his/her parent

These crimes are charged as a Class 2 felony in Illinois which the alleged abuser will face on top of punishments for violating a protection order.

Contact an Elgin, IL Domestic Violence Lawyer

Domestic violence cases can get messy if one person tries to seek vengeance against the other person. An alleged abuser could be framed for violating a protection order if the victim wants more justice than is lawful. If you are fighting charges for violating an order of protection, contact a lawyer from the Law Offices of Brian J. Mirandola to protect your rights. To schedule a free consultation with a Kane County domestic violence lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

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IL defense lawyerDomestic violence affects one in four women nationwide. Unfortunately, many acts of abuse are not reported and therefore are not stopped. The reality is that silence about abuse can lead to the death of the victim. Those who do report domestic violence can then issue an order of protection against their abuser. In the state of Illinois, violation of this court-ordered document is a misdemeanor offense that can be elevated to a felony offense against second-time violators.

What Is an Order of Protection?

After reporting the domestic violence, a victim can hire an attorney and ask them to file for an order of protection against their abuser. Typically, this order is issued when the victim and abuser are relatives or spouses.

Once the alleged abuser has been given the order, it stops them from:

  • Continuing the abuse or threat of harm
  • Sharing a household with the victim, especially if drug addiction is involved
  • Coming near the victim and others protected under the order. This includes at home, school, work, or any other public place.
  • Hiding a child from the victim or taking a child out of state

The order also allows a victim temporary physical custody over all minors involved in a domestic violence case. Custody becomes permanent after the Illinois court decides where the child will be most protected.

An order of protection could also require an abuser to attend counseling and turn over all weapons to the police while the domestic violence case is under investigation.

If at any time an abuser violates the terms of the order of protection, they will be charged with a Class A misdemeanor punishable as a prison term of up to one year and a fine of $25. If an abuser violates a second order of protection, they will face a Class 4 felony charge.

How to Defend Against Order of Protection Violations

Since an order of protection requires both victim and abuser to appear in court, both parties should seek the help of a lawyer. For the alleged abuser, a lawyer is the best defense against false charges of violating an order of protection.

A lawyer can make sure that an alleged abuser’s rights are not being violated during the domestic violence case. At times, a victim could attempt to report false charges against an alleged abuser for revenge. The offender can defend these allegations by:

  • Proving the order of protection was not violated by means of an alibi
  • Prove the victim set up a situation that would make the violator break the order of protection
  • Prove mistake of fact or entrapment

Contact an Elgin, IL Criminal Defense Attorney

An order of protection is good to keep a victim safe from their abuser, but it can also be a tool for false victims to get what they want while punishing an ex-lover. Those who are fighting false allegations of order of protection violations should hire a lawyer from the Law Offices of Brian J. Mirandola. Our knowledgeable Kane County domestic violence lawyers can protect your rights and keep you out of prison. To schedule a free consultation, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

http://www.illinoisattorneygeneral.gov/women/ordersofprotection.html

http://www.new-hope.org/facts-about-domestic-violence/?gclid=CjwKCAiA98TxBRBtEiwAVRLqu2S9Deoz0HuwKIYkziaSaV-j2JELVSExNAsghDQ7XBvlsGJFcWDxPxoCjHYQAvD_BwE

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IL defense lawyerSexual assault is a felony crime in Illinois and can be considered a crime of domestic violence if the abuser is related to their victim.

Illinois law defines sexual assault as one person commits an act of sexual penetration without the consent of the other person involved. Another type of sexual assault is called “statutory rape” in which a person over the age of 18 years old engages in a sexual act with a minor - under 18 years old. Even if the minor gives consent, they are not considered old enough to be able to give proper consent and the adult can be charged with sexual assault.

According to Illinois Law

Illinois legislation reports that most cases of sexual assault are not even reported, let alone convictions made. Approximately only one in five reported cases end in a conviction; the number is so low because of the impact in which sexual assault takes on the victim.

Victims tend to face long-term mental scars after an attack. Not all of them are able to relive the trauma in order to bring their abuser to justice. Other cases do not end in conviction due to lack of evidence or false accusations.

Those that are convicted, however, face severe penalties:

  • First offenders are charged with a Class 1 felony punishable by a prison term of four to 15 years.
  • Second offenders are charged with a Class X felony punishable by either a lifetime prison sentence or a term of 30-60 years.
  • Aggravated sexual assault - if the offender uses a weapon, the victim is under 8 years old, or the victim is mentally disabled - results in a Class X felony punishable by a mandatory prison term of six to 30 years with the possibility of being extended to a life sentence.

Additionally, anyone convicted of sexual assault is required to register as a sex offender. In Illinois, a sex offender is required to register annually for a 10-year term. An offender only needs to register for 10 years unless they are labeled a “sexual predator” and then they will need to register for the remainder of their life.

Ways to Defend Allegations of Sexual Assault

Alleged sex offenders should hire an attorney who can investigate their case and avoid false convictions. It is not uncommon for victims to make a mistake and identify a wrong suspect during the investigation. Other times, a victim can falsely accuse an alleged abuser of the crime in order to get them into trouble.

Whatever the case, a lawyer will be able to learn the truth and build a strong defense:

  • There was consent: a lawyer could be able to prove that the defendant and their alleged victim consensually engaged in “hardcore” or “violent” sexual contact.
  • Mistaken identity: if an accused abuser shares physical qualities with a lot of other people, they can be mistaken for the actual criminal. A defense would be to find an alibi who can account for the accused’s whereabouts during the incident.
  • Insanity: a lawyer could prove that their client is not in the right state of mind to know right from wrong.

Contact an Elgin, IL Criminal Defense Attorney

A sexual assault conviction will change a person’s life forever. If the accused is an innocent person, they will have to face punishments unnecessarily. The lawyers of the Law Offices of Brian J. Mirandola are capable of making sure anyone accused of sexual assault can avoid a negative outcome to their case. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.20

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3731&ChapterID=54

https://www.isp.state.il.us/sor/faq.cfm?CFID=146006236&CFTOKEN=7e765f6e95c15f6c-3D3AA5CD-D893-F221-E6E5D902A39087CE&jsessionid=ec30dd33bd14bbd52e956c26a622b604f405#register

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Avvo Illinois State Bar Association Kane COunty Bar Association
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