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Wheaton order of protection attorney divorceIf you have been the victim of abuse by your spouse, you may be considering divorce. However, your primary concern is likely ensuring that you and your children are safe. To protect yourself from your abuser, you can ask a judge for an order of protection. This will not only require the abuser to stop abusive activities, but it may also ensure that they stay away from you and your children, refrain from contacting you in any way, and require them to attend counseling and pay child support. This can provide you with much-needed protection in the steps leading up to divorce as you begin to put permanent solutions in place.  

There are three types of orders of protection in Illinois:

Emergency Order of Protection

This type of order can be used to obtain immediate protection from an abuser. It will go into effect as soon as it is approved by a judge approves, and the alleged abuser (known as the respondent) will be notified and required to follow the terms of the order. The respondent does not need to be present at the hearing where an emergency order is granted. An order will typically last from 14 to 21 days or until a hearing can be held to determine whether further protection is necessary.

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Wheaton adoption attorney safe haven lawWhenever children are involved in a legal matter, the law tries to be extra sensitive. If a mother feels she can not properly take care of her infant, she can give it up for adoption. However, in situations in which a mother believes she cannot follow the usual adoption process, she has options under the Illinois Safe Haven Law. For those who are considering adopting a child, it is important to understand how this law may affect their situation.

Origins of the Illinois Safe Haven Law

The Illinois Abandoned Newborn Infant Protection Act (commonly known as the Safe Haven Law) allows a mother to surrender a child anonymously without fear of criminal prosecution or civil liability. Texas was the first state in the U.S. to pass a version of this law in 1999, and Illinois followed two years later. By 2008, all 50 states had a version of the Safe Haven Law, which is often nicknamed the “Baby Moses Law.”

In Illinois, the law initially covered babies three days old or younger. In 2009, the cut-off date was extended to 30 days.

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Naperville prenup attorneyPreparing for a wedding is a time of love and happiness. Discussions about the location of the wedding, who to invite, and the potential of children down the road can all be fun conversations. However, some discussions are much more difficult to prepare for. Broaching the subject of a prenuptial agreement with your partner can be one of the most difficult conversations of your life, but it can also be one of the most important. In the case of a divorce, the lack of a prenuptial agreement could cost you. 

When Is a Prenup Needed? 

A prenuptial agreement is a document that details exactly what will happen to a couple’s finances in the event of divorce, including how certain property will be divided and whether one spouse will pay financial support to the other. In certain circumstances, a prenup can be incredibly important, ensuring that you have a secure financial future, no matter what happens in your marriage. A prenuptial agreement can be especially helpful if you have children from a prior marriage, if one party owns a business, or if you or your partner have significant assets going into the marriage. If you believe that a prenuptial agreement is important to securing your financial well-being, speak with a qualified family law team. 

Speaking With Your Future Spouse About a Prenuptial Agreement

Having a conversation with your partner about the future of your finances can be tricky, but there are ways in which you can approach the discussion in a compassionate and respectful manner. Here are some things to consider: 

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Posted on in Domestic Violence

Wheaton family law attorneysIn the vast majority of marriages, fighting starts and ends in verbal quarrels. Still, there are thousands of marriages throughout the United States in which one spouse faces domestic abuse from their partner. Here in the state of Illinois, there are more than 40,000 adult survivors of domestic abuse, and approximately 8,000 child witnesses. While escaping a toxic domestic situation can be difficult, remaining in one can be dangerous for you and your children. If you experience domestic abuse, contact law enforcement personnel as soon as possible.

Domestic Violence Throughout the United States

According to the National Coalition Against Domestic Violence (NCADV), more than ten million Americans face domestic abuse each year. Domestic abuse disproportionately impacts women, as approximately 1 in 3 women in the U.S. experience abuse in an intimate relationship. When facing domestic violence in a marital relationship, it is critically important for the victim to remove themselves from the situation. Victims of prolonged domestic abuse are more likely to face issues of post-traumatic stress, depression, and even thoughts of self-harm.

The Impact on Children

Studies conducted by the NCADV found that 1 in 15 American children witness domestic abuse in intimate relationships. The vast majority of these situations occur in parental relationships in which one spouse is abusing the other. Witnessing this type of dangerous domestic violence can have a profound impact on a child’s development, leading to post-traumatic stress, anxiety, and depression. While some spouses believe that remaining together can be positive for the children involved, this is certainly not the case in abusive relationships.

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Kane County family law attorneysAccording to the National Highway Traffic Association (NHTSA), upwards of 1.6 million Americans are convicted of Driving Under the Influence each year. Here in the state of Illinois, drunk driving continues to pose a massive threat for law enforcement officials, as just under 2,000 people were arrested for driving drunk in the greater Chicago area, throughout 2017. Even with the sheer number of DUI arrests, a conviction can come with massive implications. If you are arrested on charges of a DUI, it is important to meet with a legal representative and explore your options, moving forward.

The Impact of a DUI

Here in the state of Illinois, a DUI conviction comes with legal ramifications that can change your life forever. A first conviction is a Class A Misdemeanor, and it comes with a year-long driving ban and suspension of vehicle registration. The real impact of a DUI conviction comes in the financial impact of hiring a legal team, the misdemeanor on your permanent record (impacting future job opportunities and potential bank loans in the future), and the recognition of the fact that a second conviction could be incredibly damaging.

The Impact of Additional DUI Convictions

The second, third, and fourth DUI convictions can come with severe criminal punishment. While a second conviction still represents a Class A misdemeanor and typically only results in minimal jail time, a third conviction within the state of Illinois can have a monumental impact on one’s life. According to Illinois State Law, a third DUI conviction constitutes a Class A Felony that may result in the loss of driving privileges for a minimum of ten years. Additionally, the convicted party will face a $2,500 fine and potential jail time of up to 90 Days in prison. In the event of a fourth DUI conviction, the driver will face a Class 2 Felony Charge, revoked driving privileges for life, potentially substantial jail time, and a possible fine of $5,000.

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