Monday, May 21, 2018

Emergency Order Of Protection

An Emergency Order of Protection (EOP) is a court order that protects its holder - called the petitioner- from harm by a person named in the order - called the respondent. An EOP takes effect as soon as the judge approves it.
Because of risk of harm, the law does not require the respondent to know about the hearing. This is known as an 'ex parte' hearing.
Because of this, an Emergency Order only lasts for 14 to 21 days. When it issues an EOP, the court sets a hearing date for a Plenary Order.

Wednesday, May 2, 2018

Parental Rights Of Nonbiological Mother

The Illinois appeals court has ruled a woman whose former wife had a baby through artificial insemination has parental rights to the child even though they are not biologically related.  The ruling also applies to opposite sex parents.

Monday, April 30, 2018

Seal A Criminal Record

When a record is sealed, it does not show up in a criminal background check. It is important to remember that a sealed record is not destroyed. The police, immigration officials, and other public officials may still see sealed court files for certain purposes.

Monday, April 16, 2018

The Supreme Court rules that police officers need a warrant for a blood test after a drunk driving arrest.

Police in McHenry County will be out for blood with drivers who refuse to take breath tests for suspicion of driving under the influence of alcohol or drugs.
And the practice of officers immediately seeking blood draws from those who won’t submit to a breath screen appears to be spreading, with Lake County also planning to adopt a similar policy.
The strategy in many departments takes advantage of technology that allows police to generate an “e-warrant” that can be sent electronically to a judge for review right from a curbside traffic stop.

Law enforcement authorities say their main targets are repeat offenders who not only are the biggest public hazards but also know how to game the system by refusing to take breath tests, making it harder for them to be successfully prosecuted.

Thursday, April 12, 2018

Attorney-Client Privilege

The attorney-client privilege allows clients who have a legal problem to talk candidly with a lawyer. Under ordinary rules any person who has witnessed or heard about a crime can be required to testify about it.  But if that ordinary rule applied in law offices, no one would feel comfortable speaking to a lawyer because it could result in confessing to a crime.

Thursday, April 5, 2018

Name Change As Part Of Your Divorce Decree

In Illinois as in most states, the easiest way to change your name due to divorce is to make it a part of the divorce decree itself. When done this way, no separate legal actions or fees are necessary.
  • On general divorce decree forms that are valid in most if not all U.S. states, there is normally a section that authorizes a name change as part of the decree.
  • This process, however, entitles you only to revert to your maiden name or another former legal name. Otherwise, you will have to undertake a separate legal process

Thursday, March 22, 2018

Collaborative Law

The  basic tenets of collaborative law are as follows
• The parties agree to resolve all issues in a respectful, open and honest manner, outside of the court system. 
• Each party retains a collaboratively trained attorney.

The parties and their counsel sign a legally binding contract (called a Participation Agreement) committing themselves to resolving the dispute according to collaborative principals and guidelines. Settlement remains the main objective because the lawyers’ continued employment depends upon his or her ability to facilitate an acceptable settlement proposal. Failure to reach settlement results in the end of the collaborative divorce process and an end to the attorney’s employment because the Participation Agreement provides that collaborative counsel is prohibited from representing the client if the case goes to litigation.