Realizing that you are in an abusive relationship often takes much longer than many people expect. Due to the emotional ties and feelings of obligation that people in such relationships often experience, they may deny that abuse is occurring. In addition to enduring abuse, victims often struggle to gather the courage and strength to break ties with their abuser. For some, ending an abusive relationship is not only emotionally difficult, but it can also be physically dangerous. In these cases, a victim may be able to protect their safety by obtaining an order of protection.

Orders of Protection in Illinois

An order of protection is what many people commonly call a restraining order. While a restraining order may be obtained to protect against an abusive spouse or partner, these types of orders are not limited solely to those who are romantically involved. An order of protection can be obtained against the following people:

• Anyone you are related to by blood or through marriage.
• Those who you are tied to through having a child together.
• Someone you are seeing romantically or have dated in the past.
• A person acting violently or threatening to act violently towards one of your employees while at work.

If a judge approves the order of protection, this can mean multiple things for the accused. The judge can order the abuser to stop abusive acts, not contact you, physically stay away from you, attend counseling, pay child support, and/or move out of the home you share. Because not all of these stipulations apply to every abusive relationship, the details of an order of protection can vary based on the situation. 

For young people in the 21st century, growing up under the influence of the internet and social media has resulted in different forms of bullying than in the past. Though cyberbullying is not new, it has continued to evolve as social media formats change. Internet usage among young adults has changed from IMing to DMing, from texting to tweeting, and from posting on Tumblr to selecting the best filter for an Instagram photo. Because the social media realm is ever-changing, new bullying tactics emerge as online trends change. 

Cyberbullying can occur through messaging, social media sites, and gaming programs. The United States at large has recognized the problem of cyberbullying; however, laws and regulations change state-by-state. Illinois has taken actions to reduce cyberbullying and improve youths’ experiences in junior high and high school, and those accused of cyberbullying should work with a criminal defense attorney to understand their rights and legal options.

Illinois Law: On Paper and In Practice 

Illinois has laws and policies against cyberbullying, in keeping with the majority of the country. Illinois has passed legislation highlighting the terms bullying, harassment, and intimidation when discussing cyberbullying. Anti-bullying laws are meant to protect individuals from harassment due to their race, religion, sex, age, marital status, etc. Using digital means to attack any person based on these distinguishing characteristics is considered cyberbullying, and it can result in criminal charges, as well as consequences for students such as suspension or expulsion from school. 

An annulment provides couples with a way to dissolve a marriage in some circumstances. Like a divorce, an annulment ends the legal partnership of marriage between two people. However, unlike a divorce, an annulment declares the marriage invalid, essentially erasing the existence of the marriage as a whole. While many going through a divorce may wish their marriage never happened, not all couples can obtain an annulment. In Illinois, there are several instances and time limits in which one can receive an annulment (known under Illinois law as a declaration of invalidity of marriage):

• One or both spouses could not consent to be married. Reasons why a spouse may not have been able to consent include mental disability, the influence of alcohol or drugs, or the use of force or duress. The time limit for an annulment due to lack of consent is 90 days, and this type of annulment can be sought by either spouse or by the legal representative (such as a parent or guardian) of a spouse who lacks the mental capacity for consent.
• One spouse is unable to consummate the marriage through sexual intercourse, and this was unknown to the other spouse before the marriage. The time limit for an annulment for this reason is one year from when the condition became known.
• One or both spouses were under the age of 18 and lacked consent from a legal guardian. These marriages can be annulled by the minor or by their parent or guardian before the minor turns 18 years old.
• The marriage was illegal. In Illinois, marriage to kin or to someone who is already married is prohibited. In these cases, an annulment may be sought by either party or their children, by the legal spouse of a person who is already married, or by the state of Illinois, and they may do so at any time before three years have passed since the death of one of the spouses. 

One of the most common reasons couples seek an annulment is for religious purposes. Under the rules of the Catholic Church, one cannot get married “in the eyes of the church” if they have been previously married. Those who believe in Catholicism must receive an annulment of their previous, thus labeling the marriage “null and void,” in order to get married in the church to another person.

Contact a DuPage County Annulment Lawyer

The annulment process begins with a petition to the court which will need to provide ample evidence to support the reason(s) the marriage should be made invalid. The timing of the petition is crucial, since an annulment will be denied if the marriage extends outside of the time parameters listed above. When obtaining an annulment, it is important to work with an experienced Oak Brook family law attorney, since the process is detail oriented and dependent on the specific details of your marriage. At Kathryn L. Harry & Associates, P.C., we have extensive experience with the annulment and divorce processes. Contact us at 630-472-9700 to schedule a free consultation and learn how you and your spouse can obtain an annulment. 

Firearm safety and gun laws are hot-button topics in America due to the high number of shootings that have occurred over the last couple of decades. Though many are advocating for the tightening of gun regulations across the nation, it is difficult to accomplish this when gun laws differ so significantly from state to state and situation to situation. Firearm owners should be sure to understand their gun rights as an Illinois resident or non-resident in order to avoid the possibility of facing weapons charges. 

Resident Rights

Obtaining the ability to legally carry and use a gun in Illinois is a fairly lengthy process. Residents planning to own firearms must acquire a valid Firearm Owners Identification (FOID) card. This is issued by the Illinois State Police after completing the application process and a required course. After receiving a FOID card and purchasing a gun, there is a 72-hour waiting period in order to earn possession of the firearm. 

Having a FOID card does not allow Illinois residents to walk around public areas while carrying guns. A concealed carry license is necessary in the state of Illinois. This is another process that requires the completion of a 16-hour training course. Applicants must be at least 21 years old. After obtaining a concealed carry license, Illinois residents must abide by the following regulations:

To animal lovers across the country, pets are an important part of their family. Many go so far as seeing their pet as another child to take care of. This is especially common in marriages without children. Strong feelings toward pets can make some divorce cases even more difficult than they already are, and changing attitudes toward animals and updates to divorce laws have added new factors for couples and courts to consider during divorce.

A Shift in Priorities

Over time, pets have become a staple in American homes, with many homes having two or three dogs or cats running around. The family pet has now become more than just another mouth to feed, but a full-fledged member of the family. This is evident in the sharp rise of money spent on animals each year. The pet industry has seen exponential growth over the last 30 years, increasing from a total of $17 billion in 1994 to an estimated $72 billion in 2018 alone. This increase in spending is more than just a result of higher prices. It is a reflection of the shift in attitude regarding household priorities in America.

More Than Property

In past divorce cases, pets used to be considered marital property. However, it is much more difficult to divide up a living animal in than it is to divide something like a living room set, especially for those who consider themselves “pet parents.” As part of a reflection of changing attitudes, the laws in Illinois have recently changed, and certain factors must be considered when divorcing spouses cannot come to an agreement over the pet’s permanent residence.