Physical Abuse: Physical Abuse is fairly self explanatory. This is an abuse done through physical harm to another person of the family or household as defined by the Illinois Domestic Violence Act of 1986 and specifically detailed in our Order of Protection page.

Harassment :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “ knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: (i) creating a disturbance at the petitioner’s place of employment or school; (ii) repeatedly telephoning petitioner’s place of employment, home, or residence; (iii) repeatedly following petitioner about in a public place or places; (iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows; (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner’s from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or (vi) threatening physical force, confinement or restraint on one or more occasions.”

Intimidation of a Dependent :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.”

Interference with Personal Liberties :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.”

Willful Deprivation :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “wilfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment.”

Neglect :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to: (i) the failure to take reasonable steps to protect a high-risk adult with disabilities from acts of abuse; (ii) the repeated, careless imposition of unreasonable confinement; (iii) the failure to provide food, shelter, clothing and personal hygiene to a high-risk adult with disabilities who requires such assistance; (iv) the failure to provide medical and rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or (v) the failure to protect a high-risk adult with disabilities from health and safety hazards.”

Exploitation :

The Illinois Domestic Violence Act of 1986 specifically defines harassment as, “the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.”

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Helpful questions about family law

How to choose the right divorce lawyer?

Choosing the right divorce lawyer, in our mind, comes down to three factors. First, is this lawyer going to be an aggressive advocate for me? Second, is this lawyer a person I can get along with personally? Third, do I trust this lawyer to communicate with me effectively? If you walk away from an initial consultation with a lawyer answering yes to those three questions, you have likely found the lawyer who is right for you.

Legal work can be extremely time consuming. Your expectations should not necessarily be that your lawyer is someone you can vent to about your personal life, as that would likely result in an unreasonably high bill. But you should expect your lawyer to keep you informed as to the status of your case. You should also expect your lawyer to listen to your wishes and concerns and use those thoughts as a basis for your case. You don’t need to talk to your lawyer everyday, but you should hear from them every other week or so.

Expect the unexpected when it comes to the Court dates. The Court system is based on a first-come-first-serve calendar, when the case is not filed as an emergency. All initial Court dates are determined by the Clerk of the Court, not of the lawyer or client. If you have a lawyer, expect the Judges to want your lawyer to do the talking, unless the Judge asks the client a question directly. You should also expect the Judge to keep the Courtroom as orderly as possible. Judges very much look down on people who speak out of turn. As for dress, the Court does not require a strict dress code, but it is always a good idea to dress professionally to show the Judge that you take the system and their Courtroom seriously.

There is a process in the law referred to as “discovery” that allows a party to a legal proceeding to discover information about the opposing party. In the context of a divorce, “discovery” is primarily used in the form of written questions and written requests for the opposing party to provide documents to the party that is doing the requesting. These are called “interrogatories” and “requests to produce.” During the process, the party answering the questions or requests must provide a written testimony, under oath, that the documents and answers are true and accurate. It is through this process of “discovery” that we are able to learn what assets a party possesses.

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