Arlington Heights Protective Order Assistance in Family Violence Cases

//Arlington Heights Protective Order Assistance in Family Violence Cases

CAN YOU REPEAT THAT IN COURT?

Defendant was charged by information with two counts of domestic battery.  For striking and choking his stepsister.  She was developmentally disabled. He opted for a jury trial.  The court allowed a case worker to testify about what the victim told him.    Defendant was convicted.    The defendant appealed.  He argued that the admission of the case [...]

CAN YOU TAKE BACK WHAT YOU SAID IN FRONT OF A JURY?

Defendant wife was charged with 2 counts of domestic battery against her husband.  The case proceeded to jury trial. Both sides gave closing arguments.  Defense counsel told the jury that husband had a “very powerful reason” to accuse his wife of battering him.  That reason was that they were in the middle of divorce proceedings.  [...]

WAS FATHER AN UNFIT PERSON UNDER THE LAW?

Father’s parental rights to his minor child were terminated.   Before the child’s birth, father had been convicted of at least three felonies.  Therefore, father was “depraved”.  This was the basis of his loss of parental rights.  He was an unfit person under the law. The court recognized that one of the felonies had been found [...]

SOMETIMES THE CASE GOES BACK TO SQUARE ONE

The parental rights of both mother and father of minor child were terminated.   Based on a hotline call to DCFS, G.V. was taken immediately into the custody of the Department of Children and Family Services (DCFS). The call was made by a caseworker from a DCFS parallel agency in Connecticut.   This is where mother had [...]

YOUR WORD IS NOT THE ONLY ONE THE COURT CONSIDERS

  Husband was convicted of domestic battery based on insulting or provoking physical contact against his wife.  He appealed. He argued #1 that the State did not prove all elements of the crime beyond a reasonable doubt.   None of the State’s witnesses were present during the alleged incident.   And, defendant had testified to a different [...]

LESS THAN SIX DEGREES OF SEPARATION

Woman (plaintiff) petitioned for an order of protection against a man and the man’s son.   The son was the brother and the man was the father of plaintiff's son's ex-wife.  The court stated: The trial court granted ex parte emergency orders of protection against both defendants. The woman then filed amended order of protection petitions. [...]

HARASSMENT AND FREE SPEECH HAVE THEIR OWN DEFINITIONS

Judgment for divorce is entered. It includes the division of the parties' properties and businesses.   It also sets forth the maintenance for wife. Soon after, husband filed a petition to clarify the judgment for dissolution of marriage.   He asked the trial court to resolve a disagreement over wife's maintenance.  And the money wife received from [...]

HARASSMENT HAS MANY DESCRIPTIONS

Parties divorce.  They had four children. Wife seeks an order of protection against husband.   Husband was charged with a violation of a previous order of protection.  He had notice of the prior order.  He, therefore, intentionally committed an act prohibited by the order.   He had sent a written note to the home of wife with [...]

MISUSE OF AN ORDER OF PROTECTION IN A DIVORCE CASE

  The divorce had already taken place.   Wife obtained a two year order of protection.  It restrained the husband from abusing, harassing, intimidating or interfering with the personal liberty of the parties' daughter. Husband appealed.  He contended that: (1) the trial court abused its discretion in granting the order of protection because the evidence did [...]

IS IT HEARSAY OR AN EXCITED UTTERANCE?

The charges against the father arose from an argument between the father and the mother outside their home.  A deputy with the sheriff’s department testified he arrived at the scene within five to seven minutes after he was dispatched. He first spoke to wife.  She appeared upset, agitated, and nervous upon the deputy’s arrival. Father [...]