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Posted on in Family Law

Illinois divorce attorney, Illinois family lawyer, IL order of protection attorney,An order of protection, sometimes referred to as a restraining order, is a court order that restricts an individual accused of threatening or abusive behavior from continuing their behavior against the accuser. Abuse includes physical abuse, harassment, intimidation, or interference with personal property.

There are several ways an order of protection can be obtained. You can file an order of protection through an attorney, request one with your divorce petition, request a criminal order of protection if there have been criminal charges filed against the alleged abuser, or contact a local domestic violence program for help.

Illinois Order of Protection

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Illinois order of protection attorney, Illinois family lawyer, An order of protection, also known as a restraining order, is filed when one individual feels threatened by the other and/or has experienced abuse. They are meant to keep you safe and out of harm’s way.

According to the 750 Illinois Compiled Statute 60/, Orders of Protection, an order of protection may be filed by:

  • An individual who has been abused by a family or household member, or by an individual on behalf of a minor child or adult who has been abused by a family or household member and because of age, health, or mental or physical disability cannot file.
  • A foster parent, legal guardian, or adoptive parent of that child if the child has been placed in the foster parents' home by the Department of Children and Family Services or by another foster child agency.

Orders of protection are often issued during or just prior to the filing of a divorce, a child custody dispute, or as a result of domestic battery charges.

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parentingIn the past, parenting was often solely an option for heterosexual couples. Whether through biological means or adoption, the nuclear family became the norm in American culture. Times have changed and this is now no longer the case. Many same-sex couples now have large families, both biologically and through adoption. Despite the open-mindedness that has now spread throughout the U.S., same-sex couples still experience legal differences in terms of parenting.

What Is Second Parent Adoption?

 In the eyes of the court, there is a difference between the biological parent and non-biological parent regardless of the amount of parenting each person actually does. This means that the non-biological parent does not have any legal rights of the child. If the child was sick in the hospital, only the biological parent is considered family. In the case of separation or divorce, the non-biological parent would have no right to see their child if the biological parent made that decision. While this may not be an issue when both parents are on good terms, this could become a problem if the marriage goes south. Many do not realize the power that emotions can have over a person until they experience heartbreak or a downhill marriage.

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Posted on in Family Law

By Amanda Oliver

timingYou are likely familiar with the old saying that “timing is everything.”  Well, in family law, like in life, that is often times true.  Decisions such as when to hire an attorney or when to file your motion can mean a sizable difference in the outcome of your case.

A great example of “timing is everything” is in the case of a “bad order.”  Often times people will be unhappy with a ruling that a Judge made in their case, but will fail to take measures to remedy it in a timely manner.  In most circumstances, a party has thirty (30) days to file a Motion to Reconsider a Court Order or a Motion to Vacate an Order that they believe was improperly reached.  Unfortunately, most parties are unfamiliar with that rule, and can get into a troublesome situation if they wait until the expiration of that thirty (30) day period before either contacting an attorney or filing the proper motion pro se.  (Note:  It is not enough to contact an attorney prior to the expiration of the thirty (30) day period.  The statute requires that the Motion be timely filed.)

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By Maxine Weiss Kunz

divorceMany changes are coming to family law as of January 1, 2016. These changes include changes to custody (a term of art that is going out the window) as well as changes to financial aspects of the act. Below are a list of some of the major changes that will be in effect as of January 1, 2016:

  • No more use of the word “custody” is the big claim to fame with the new Act. Instead, the court will decide on Allocation of Parental Responsibility. These allocations include who will make decisions related to a child’s health, education, religion and extracurricular activities. One or both parents can be assigned each of the 4 categories of decision making.
  • No more use of the word “visitation” either. Now we will call this category “parenting time.” The term of art is considered more user friendly.
  • No more double trials (we hope). What this means is that temporary support hearings will be heard on a non-evidentiary basis with few exceptions. You will no longer have to call a witness in temporary support hearings. The court will make temporary decisions based on financial affidavits and argument of counsel. There are exceptions to this rule, which will likely apply if a litigant’s financial affidavit is called into question.
  • No more fault grounds. (See our prior blog on this topic). Only the grounds of irreconcilable differences may be plead and the requirement of 2 years of separation is also to become moot. If the parties cannot agree on the date of breakdown of their marriage, then a separation of 6 months will now be required instead of the prior requirement of 2 years.
  • No more heavy dependence on caselaw. Many of the prior cases relied on by the courts have been codified, including the rule that you cannot strike a motion with a motion. (This is legalese that lawyers will understand and many litigants will not.)
  • No more use of the word “removal” if you want to move out of State with a child. Courts will now call this term “relocation” and it is based on mileage (i.e., 25 miles for Chicago-area, 50 miles for less urban areas) instead of crossing State lines. That also means that you can no longer move from Chicago to Peoria without Court permission – a distinct change to in-State litigants. If you want to move to the “Boonies” you may want to do it now.
  • No more reliance on terms such as “mother” and “father” in the Parentage Act, which is an acknowledgement of the rights of same-sex couples and their children.
  • No more pleading of injunction merits in a request for exclusive possession of a marital home, however, the requirement of a spouse or child being jeopardized by continued occupancy of the litigant you are seeking to remove remains.

All of the within laws become effective as of January 1, 2016 irrespective of when your pleading was filed if your matter remains pending at that time. Any matter resolved prior to January 1, 2016 shall follow the current laws and are valid agreements. A discussion point to have with your attorney is whether to get your matter resolved now, under the current laws, or to seek to finalize your matter in year 2016.

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