Posted on August 21, 2018 in Domestic Abuse

Illinois 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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 Posted on August 14, 2018 in Child Visitation

Many operate under the misconception that only parents and children are affected by a divorce, when in reality, multiple family members will have to adjust their own lives, offer support, and help the family as best they can. In some situations, family members may even seek visitation with children during the divorce proceedings. However, Illinois’ regulations surrounding this particular issue are quite complex. If you are in the position where you would like to seek non-parent visitation, it is possible to obtain that, but it is not easy.

The Process Is Complex

Illinois public policy favors a parent’s right to parent their children in the way they see fit as long as the child is not being endangered. However, certain family members - as of this writing, grandparents or great-grandparents, stepparents or siblings - may try to seek visitation (as opposed to parenting time) if they qualify under certain criteria. The main point that the nonparent seeking visitation must prove is that they have been “unreasonably” stopped from visiting with the child and that this has caused harm to the child (be it emotional, mental or physical).

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 Posted on August 07, 2018 in Burglary

Robbery and burglary are two theft crimes that are sometimes spoken of interchangeably, but in reality, they are very different, at least under Illinois law. One is generally charged more highly than the other, but there are always exceptions. Either way, it is important to understand that each charge has very specific criteria that must be met if you are to be convicted. By knowing this, it may be possible to focus your efforts (that is, your attorney’s) on attacking specific pillars of the relevant charge.

Burglary Basics

Burglary is defined as someone entering into or remaining “without authority” in a building or vehicle (many types of vehicles qualify under the statute, including automobiles and boats, among others) with the intent to commit a theft or felony therein. The statute was just modified in recent years to include more areas than simply buildings (previously, only buildings were implicated in the law explicitly). It is important to keep in mind that while it is not enumerated in the law itself, the courts recognize residential burglary as somewhat more serious due to the nature of the crime, which is why it is usually charged as a Class 1 felony, while regular burglary is a Class 2 felony, which can in some cases be pled down to probation.

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 Posted on July 31, 2018 in Child Custody

Some child custody cases can get extremely heated, or sometimes there can be issues surrounding what custody arrangement may truly be in the best interests of the child or children involved. When this happens, the judge in the case may choose to involve a volunteer attorney to ensure that the children’s interests are truly represented. This attorney is referred to as a guardian ad litem (GAL), and their presence in a custody case can confuse and anger parents, though there is no need for it to happen. Understanding what the GAL’s role is can help minimize ruffled feathers and ensure that all are working toward the best possible outcome of your divorce vis-a-vis your children.

Fact Finders

A GAL can be named in any custody case, on the motion of either party or on the court’s own authority (in any county in Illinois). Regardless of who makes the motion to bring in a GAL, one will generally be appointed in a custody case only when there are certain facts at issue that require an impartial observer, as the job of a GAL is to be impartial. A GAL acts exclusively in the best interest of the child, reporting only to the court in terms of their findings.

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 Posted on July 24, 2018 in Drug Crimes

Even as the status of some types of drugs, such as cannabis, has changed with advances in medical science, possession, and use of most street drugs remains a serious crime. Illinois, in particular, has raised the sentences for drug possession and distribution in recent years, which means that if you find yourself charged with such an offense, it can mean serious penalties upon conviction.

The Elements Are Clear

There are three major elements to a charge of drug possession in Illinois. Possession can be charged if one is caught with either the listed drug or a controlled substance analog, which has a chemical composition similar to any listed controlled substance (such as certain designer drugs, for example). The elements are: 1) establishing the substance in question as controlled; 2) showing the defendant knowingly possessed that substance; and 3) the substance was in that person’s possession (either actual or constructive possession qualifies).

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 Posted on July 17, 2018 in Business Valuation

When getting a divorce, one serious concern that will appear for those who own a family business, or a small business in general, is how to divide it, or even if division is necessary. Illinois law on the subject can get confusing, so it may be a good idea to consult an experienced attorney on the subject before moving forward with asset division.

Obtaining a Business Valuation

One of the first steps that can help a couple decide what to do with a family business is to obtain a business valuation, usually through an accountant or licensed appraiser. Without an accurate estimate of how much a business costs, one cannot accurately tell how the rest of the marital estate must be divided in order to keep a business in one piece, or how much must be offset if the business is to be sold and its profits and equity divided. There are, however, multiple different ways to accurately value a business, depending on the type of method used - the two most common in divorce-related cases are the comparable model and the asset valuation model.

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 Posted on July 10, 2018 in Criminal Law Blog

Many crimes in Illinois have their ‘aggravated’ counterparts, from assault to sexual abuse. However, there is routine confusion about what exactly makes a crime aggravated, and how it affects sentencing. If you have been charged with a crime, understanding the nature of such a charge can help you determine how best to attack the problem and ensure your side of the story is heard.

Definitions Vary

When one examines an individual crime, the circumstances that make it aggravated will obviously depend on the cause of action. For example, in Illinois, a domestic violence charge becomes aggravated if the behavior in question encompasses criminal acts against a minor, any kind of sexual abuse, or great bodily harm against any victim, but drug crimes become aggravated if drugs are made or transported to certain buildings. Yet the general definition of aggravation in such a context is any circumstance or factor that makes a crime more injurious but is not a step that is part of the offense itself.

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 Posted on June 28, 2018 in Spousal Maintenance

In many Illinois divorces, both child support and spousal maintenance may be awarded by the court. If this does happen in your case, however, the tax implications can be prohibitive. If it is possible, you may be able to help shift that burden using what Illinois calls unallocated support. While it is not always possible to use this mechanic, sometimes it can make a significant difference, especially for custodial parents.

Current Tax Law

Under current tax law, spousal support counts as taxable income for the recipient, and as deductible for the payor. Conversely, child support is neither deductible nor taxable. In many divorce cases, one spouse makes significantly more money than the other, and thus, any tax deduction that they are able to obtain can be very welcome. In order to get the benefit of the deduction and the lower tax rate, some couples may be able to treat spousal and child support as one lump sum referred to as unallocated.

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 Posted on June 21, 2018 in Concealed Carry Law

Illinois is a state that is very concerned with the appropriate regulation of firearms, having been the last state to legalize concealed carry and often making revisions to the relevant laws to increase safety. Because of this, the penalties for even a first firearms offense can be extremely severe. If you are charged with a firearms violation, it is imperative that you understand the nature of the allegations against you so that you can react accordingly.

FOID Cards and Concealed Carry Licenses

An Illinois gun license is known as a Firearm Owner’s Identification (FOID) Card, and one must possess one in order to lawfully own a gun. To obtain one, a person must submit an application to the Illinois State Police and show that they meet the relevant criteria (or do not - for example, no one who has been convicted of certain crimes of violence or been found mentally incompetent within the preceding five years may hold a FOID card). It is important to keep in mind that a FOID card is not the same as a concealed carry license, though it is a prerequisite to obtaining one. In other words, the mere possession of a FOID card does not allow you to concealed carry in Illinois.

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 Posted on June 14, 2018 in Division of Property

When it comes to dividing up property during divorce proceedings, Illinois is an equitable distribution state, meaning that marital assets are split as equitably (fairly) as possible. Thus, when large or expensive assets need to be divided, it can require a bit of maneuvering to ensure that both spouses receive the most equitable share of the estate. The marital home is one of the assets most commonly debated and argued about during proceedings, but it is possible to work out who should be awarded the home without leaving them otherwise penniless.

Is the House Marital Property?

The first question that must be asked is whether the home is even considered marital property or not. In most situations, the answer will be yes, but it cannot simply be assumed. Under Illinois law, any asset acquired by either spouse after the marriage is considered marital property, which usually includes the marital home - most couples will make that purchase together after they are married, sharing the title between them as joint tenants or tenants in common. (A joint tenancy occurs when two people own property together as a unit, meaning that if one person dies or wishes to give up their interest, it will be taken up by the other owner; on the other hand, tenants in common are free to sell or transfer their interest.)

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