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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

IL defense lawyerAlthough assault and battery are two different charges, the two are very similar and can often be confused. Both crimes require intentional harm towards another person but they have different outcomes. The results of the two charges are also very different. Knowing the legal definition of the two charges can mean a world of difference if you have been involved in a violent crime.

Assault

The word “assault” can be deceiving to those not well-versed in the law. Being charged for assault is much different than most people think. No one has to actually be physically harmed in the process. Assault is all about intent, which can occur through words or actions. If something you said caused someone immediate fear of being harmed, you can be charged with assault.

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Posted on in Premarital Agreement

IL divorce lawyerPrenuptial agreements are no longer reserved solely for the rich and famous, though it may appear that way through media coverage. A prenuptial agreement, commonly referred to as a prenup, is a legal document that determines how assets, debts, finances, and property will be managed during a marriage or after a marriage if it comes to an end. In the past, prenups have been seen as taboo or damaging to a relationship; however, millennials often request prenuptial agreements, causing an increase in this form of legal documentation.

What Exactly Is a Prenup?

Prenuptial agreements are most commonly known for financial division; however, they cover more than just “who gets the money.” Although prenups are important in regards to officiating financial matters, they can also assist couples in managing prior commitments or obligations like children and ex-spouses. The document can help those with substantial assets or debts avoid conflict later in the marriage. Prenups are important because they take precedence over state laws regarding divorce and marital property, putting control into the hands of the couple requesting the legal documentation.

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IL defense lawyerHearing your child is on the path to juvenile detention can be a parent’s worst nightmare. Juvenile detention may be the adolescent alternative to incarceration; however, it does not make the situation any less concerning. Research has found that many offenders in juvenile detention have minor offenses and mental health issues, thus complete separation from their families and community is often ineffective and unnecessary. In order to avoid placing all youths into juvenile detention, diversion programs have been created as an alternative.

What Are Diversion Programs?

The purpose of diversion programs is to redirect youthful offenders from the justice system through programming, supervision, and supports. This is a way to avoid taking children away from their family and school community which often offers more help to individuals than being removed from their comfort zone. Diversion programs are often utilized by those who committed minor offenses. The idea is that becoming involved in their community, along with guidance from others, can help them learn how to become a positive addition to society.

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Posted on in Family Law

IL family lawyerNowadays, many more couples in Illinois are electing to simply live together or cohabitate, rather than getting married. This suits some much more, as a cohabiting relationship can simply be ended when one or both parties feel like it, without the time and trouble of a divorce. However, there are decided negatives to living together without the protection of being in a marriage. Either way, couples should understand the ramifications of foregoing marriage and/or living in a cohabiting relationship lest they get into a situation where they have no protection.

Property Rights

One issue that can be significant if a cohabiting couple splits up is that of property rights. A married couple who decide to divorce receive the benefit of Illinois’ equitable distribution laws, which hold that upon a divorce, all marital property will be divided “in just proportions” while considering a number of factors, including the length of the marriage, the current and future earning potential of each spouse, and any alleged dissipation of marital assets (not in the sense of punishing for misconduct, but in the sense that it would be unjust to reward any waste of assets). A cohabiting couple has no “marital” property and as such, no real law to fall back on other than the simple axiom that whoever purchased an asset will, in many situations, own it.

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IL defense lawyerIllinois has enacted stringent domestic violence laws designed to safeguard victims from their abusers. However, merely passing a law does not eliminate the problem, and misinformation abounds which can wind up leading victims up the proverbial garden path. If you are in a critical situation, it is imperative to ensure that you understand the truth, lest you neglect a resource that might better your situation, especially if quality of life or safety are at stake.

Myth: “Domestic violence is an entirely private matter.”

Fact: In reality, victims have reported notably higher instances of certain diseases and health conditions, such as strokes, high blood pressure, substance abuse, and heart disease. Productivity losses associated with injuries and violent death due to domestic violence have been estimated at over $1.8 billion. Psychiatric conditions such as PTSD are reported at multiple times higher in domestic violence victims than they are in those who have never experienced such treatment, especially women. This is a crime which affects society in significant ways, at the very least economically.

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