In Illinois, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy. #eviction,
The primary or underlying cause of death is defined as that condition or injury (or circumstances of the injury) that initiated the train of morbid events leading directly to death. The question sometimes arises as to which of several existing conditions has caused death. Generally, only four manners of death are acknowledged: homicide, suicide, accidental, and natural. The deceased may have met his or her end in a way that appears suspicious to the authorities, and therefore, the cause and manner of death must be established. #causeofdeath,
Illinois lawmakers became the first to legalize the adult (21 and over) use of cannabis through legislation, rather than ballot initiative. The law was enacted on Jan. 1, 2020, with licensed sellers providing the herb at the retail level.
The law allows Illinois residents age 21 and over to purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Illinois visitors are able to possess half those amounts. The law allows adults to consume cannabis either in their homes or at certain approved establishments. Businesses and landlords have the right to refuse its use on their properties.#Cannabis, #marijuana,
To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police on a shall-issue basis. Non-residents who may legally possess firearms in their home state are exempt from this requirement.
The state police issue licenses for the concealed carry of handguns to qualified applicants age 21 or older who pass a 16-hour training course. However, any law enforcement agency can object to an individual being granted a license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety". Objections are considered by a Concealed Carry Licensing Review Board, which decides whether or not the license will be issued, based on "a preponderance of the evidence". Licenses issued by other states are not recognized, except for carry in a vehicle. Open carry is prohibited in most areas. When a firearm is being transported by a person without a concealed carry license, it must be unloaded and enclosed in a case, or broken down in a non-functioning state, or not immediately accessible. #gunlaws,
Cruel treatment. (a) No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. (b) No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure. People who are suspected of being guilty of cruelty to animals or neglect may be prosecuted under Class B misdemeanor. The punishment for Class B misdemeanor is prison term of up to six months. Aggravated cruelty is charged as a Class 4 felony. #animalcruelty,
In order for a person to get a divorce in the past, they had to prove their spouse did something wrong. The reasons could be things like desertion, cruelty, or adultery.
In 2016, Illinois made some huge updates to its divorce law. One of the biggest changes was that Illinois officially became a No-Fault divorce state. This means that you no longer have to prove any sort of wrongdoing to get a divorce. Currently, the only reason accepted for divorce in Illinois is irreconcilable differences.
Many people expect a cheating spouse to be “punished” as part of a divorce. They think that proof of infidelity is enough to sway a judge when deciding child custody or alimony. However, this is not the case. Adultery can’t be used as legal grounds to make decisions on property division, child custody, or support. #adultery, #nofaultdivorce,
Scott's Law, 625 ILCS 5/11-907, is a mandatory move over law in the state of Illinois. The law requires that all motorists move over when encountering stopped or disabled vehicles displaying warning lights.Applies to drivers approaching any police or other emergency vehicle stopped along the roadway. When approaching an emergency vehicle with flashing lights, drivers are required to change lanes (if possible), reduce speed and proceed with caution. #scott'slaw,
Illinois's statute of frauds requires the following types of promises or agreements to be in writing: A promise to pay for the debt or default of another person (740 ILCS 80/1). Any agreement in consideration of marriage (740 ILCS 80/1). An agreement for the sale or lease or other disposition of real property.#statuteoffrauds,
Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine. The court may also sentence the defendant to probation, counseling, and community service. If the offender was not served, the judge will reschedule the hearing for another day. If that happens and you have an emergency order, the order will be extended until the date of the next hearing. How long will the plenary order last? A plenary protective order can last up to two years. #Order Of Protection,
A general release is a written contract in which one or more parties agree to give up legal causes of action against the other party in exchange for adequate consideration (that is, something of value to which the party releasing the legal claims is not already entitled). General release of claims agreements are used in a variety of business situations and allows a company that is providing a service to reduce their risk of a lawsuit. Some common types of liability subject to a release of claims include: Auto accidents. Activity waivers. Personal property damage. #generalrelease,
If the court finds the companion animal is not a marital asset, then the person will be awarded his/her non-marital property. If the court finds that the companion animal is a marital asset, the court shall then allocate the sole or joint ownership of and responsibility for the animal. Under the new Illinois law, a judge can grant a couple joint custody over a pet in a divorce proceeding. If it is determined that each of the owners would like to share ownership of the pet and that they could both afford to care for it properly, a judge may decide that joint custody is the best option. How this custody is determined would not be unlike shared custody of children, with each member of the couple agreeing to time with the pet as well as who provides what for them. #petsindivorce,
The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.#agediscrimination,
The law in Illinois provides that an order of protection can last for up to two years. This is called a plenary order.
A plenary order of protection comes about when the respondent was served by the sheriff with a petition for an emergency order of protection alleging abuse or harassment. In these cases, the respondent must be given an opportunity to be heard in court.
Once a plenary order is put into place by the court, it will remain in place for the full timeline. The only way it can be removed during the two-year period is if the petitioner agrees to vacate the order. #plenaryorderofprotection,
It is illegal for any driver to transport, carry, possess or have any open alcohol container in the passenger area of any motor vehicle upon a highway in Illinois. Open alcohol includes, but is not limited to, open beer, wine, liquor and champagne.
Passengers of vehicles may also be charged with violating this statute. The only exception under the law relates to the possession of open alcohol in the passenger areas of limousines, chartered buses, and motorhomes or mini motorhomes. The container of alcohol must be separated from the driver of the vehicle by a partition.
Alcoholic beverages must remain in their original container with the seal unbroken if transported in the passenger area of the vehicle. If you choose to transport an open container of alcohol, it must be secured in the trunk of your vehicle to avoid breaking Illinois law.#illegaltransportationofopenalcohol, #openalcoholincar,
Traffic violations classified as misdemeanors can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately.
The most commonly prosecuted misdemeanor traffic offenses include the following:
Legal separation is the process through which a couple becomes separated without ending their marriage or civil union.While a couple is legally separated, each person has the right to ask for:
Illinois allows left turns on red from a one-way street to another one-way street. But, be very cautious if you do make a left turn on red on Illinois, because the statute says you must “yield the right of way” to approaching vehicles and pedestrians in the intersection or crosswalks. #leftturnonred,
A suspension is the temporary loss of driving privileges for a specified period of time. At the end of the period of suspension a person is automatically reinstated upon payment of the required reinstatement fee. A revocation is the indefinite loss of driving privileges. There is no ‘automatic’ reinstatement even after the period of revocation ends. Instead, a person becomes 'eligible' for reinstatement and cannot drive until first appearing at a hearing before the Secretary of State and being granted driving privileges. The minimum period of revocation (before a person becomes eligible to be considered for reinstatement) can depend on such factors as the nature of the offense that caused the revocation and the person's driving record.#driverslicense suspension, #driverslicenserevocation,
Illinois law allows Illinois landowners or lessees the option of using purple paint markings on trees or posts on their property as a “no trespassing notice.” The Purple Paint Law is designed as an alternative which Illinois landowners can use to protect their property from trespassing. #purplepaintlaw, #trespassing,
To have driving privileges reinstated, a driver convicted of DUI must:
Insurance fraud can be related to auto insurance, worker's compensation claims, medical insurance, home-owner insurance, and life insurance policies. The common thread is that fraud revolves around a purposeful misrepresentation of fact to an insurer to gain an unearned benefit. Nothing of monetary value needs to change hands for a fraud to occur.
The defendant in a fraud action could face both criminal prosecution and a civil action for the same conduct. The basic difference between criminal fraud and civil fraud lies in who is pursuing legal action in the case. #insurancefraud,
A new change to Illinois law is to the ODRISA law, which stands for “One Day Rest In Seven Act.” While the law currently says that it “provides for employees a minimum of twenty four hours of rest in each calendar week,” according to the Illinois Department of Labor, the wording will change in 2023 and employees can capitalize on it.
Starting on January 1, the act will change to employees having at least 24 hours of rest every consecutive day-period, according to the Illinois General Assembly. This means that the law now applies to everyone that works for six consecutive days, regardless of if the employee’s schedule aligns with a Sunday-Saturday work week. #odrisa, #odrisalaw,
“Approximately 400 criminal defendants will be released back into your community,” warned Winnebago County State’s Attorney J. Hanley.
“Anyone sitting in jail right now with all these pending charges, they’re going to be let out,” Johnson County Sheriff Peter Sopczak said. “The gates are open and they’re going to be let out onto the streets.”
The aim of the legislation would set free certain criminal offenders without having to wait in jail for their court date, because they can’t afford bond. #cashbail,
Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years. This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct. Sexual conduct is the touching of any sex organ of another. #ageofconsent,
Illinois law requires all motor vehicles registered and operated in Illinois to be covered by liability insurance, which covers property damage and/or injuries you may cause others in an accident. (Trailers are not required to have liability insurance.) If you choose to drive without insurance in Illinois, you can expect penalties including: a fine for driving without insurance coverage, usually of $500-$1000 for a first-time offender, with possible higher fines for repeat offenders. Your license to be suspended. A license reinstatement fee of $100. #autoliabilityinsurance,
Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody. #childcustodylaws,
The misdemeanor offense of retail theft is a Class A misdemeanor, with a potential penalty of up to 364 days in jail and a maximum fine of $2,500. The defendant would be eligible for supervision, which is not a conviction and can be expunged. An offender sentenced to a jail sentence for retail theft must serve at least 50 percent of their time.
On the other hand, if the value of the stolen goods was in excess of $300, the offense is a Class 3 felony. In this instance, the potential penalty can include 2 to 5 years in the Illinois Department of Corrections. #retailtheftpenalties, #retailtheft,
Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years. This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct. Sexual conduct is the touching of any sex organ of another. Voluntary sexual activity with someone younger than 17 is not “consensual” sexual activity as far as Illinois law is concerned. At this age, “consent” is a legal term, not a factual term. #ageofconsent, #sexualactivity,
Illinois criminal law describes Harassment as "intentional acts which can cause someone to be worried, anxious, or uncomfortable." Such actions may include making an obscene or indecent comment or request with the intent to offend, threaten, or annoy someone. Most first-offense harassment charges in Illinois are Class B misdemeanors, meaning the maximum penalty is up to 6 months in the county jail. Second-offense harassment charges in Illinois are generally Class A misdemeanors, which can be punished by up to a year in the county jail.#harassment,
Using the science of transdermal testing, the SCRAM CAM bracelet tests samples the wearer's sweat and tests for alcohol every 30 minutes around the clock and is even able to distinguish ingested alcohol from environmental alcohol sources (such as lotions or perfumes that contain alcohol). It is used to monitor a defendant's alcohol level either while on bond or after sentencing when the court orders no consumption of alcohol. #scramdevice,
Blue laws, also known as Sunday laws, are laws that restrict or ban some or all activities on specified days, particularly to promote the observance of a day of rest. Such laws may restrict shopping or ban sale of certain items on specific days. For example, in Illinois, auto sales are prohibited. #bluelaws,
Illinois assumes both parties are fit to parent the child and should have parenting time. This means both parties will get parenting time unless to do so would not be in the best interest of the child. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. #parentingtime,
For people in Illinois who have been bitten by a dog, the good news is that the dog owner is automatically liable on the first bite provided that certain circumstances apply. The law in Illinois is found in 510 ILCS 5/16. The law states that the dog owner “the owner of such dog or other animal is liable” for injuries caused by the dog bite.
This is not a dangerous dog law and it is different than the common law negligence doctrine. It does not matter whether the dog has attacked the elderly, middle aged or young children.
This is a concept that is otherwise known as strict liability, and Illinois is a strict liability state. When this concept applies, the law does not ask what the owner was doing. All the law is concerned with is that the injury happened. The second the incident occurred and there is injury, the dog’s owner would become automatically liable for the animal attack. #dogattacks, #dogbites,
The Illinois Consumer Fraud and Deceptive Business Practices Act (commonly known as the "Consumer Fraud Act") was enacted to give consumers a remedy for wrongs committed against them in the marketplace. It was designed to address such typical problems as false advertising, odometer tampering on used motor vehicles, and sales fraud. The Act also serves as a deterrent to persons engaged in trade or commerce from engaging in such deceptive conduct.
Firearm restraining orders (FRO) in Illinois are civil orders that allow for temporary removal of firearms, ammunition, and firearm parts that could be assembled to make an operable firearm, as well as removal of an individual’s firearm owner’s identification (FOID) card when the individual is deemed a potential danger to themselves or others [430 ILCS 67]. The goal of the action is to protect an individual from harming themselves or those around them with a firearm. Additionally, an individual cannot purchase or possess firearms while the order is in effect. A FRO does not bring about any criminal charges or otherwise penalize the individual.
FROs can be pursued in response to various actions, including brandishing of a firearm, threatened use of a firearm, and violation of an order of protection, among others. While status-based prohibitions on firearm possession are determined by an individual’s prior criminal or mental health history, FRO laws differ because they are temporary and require present and observable actions, which may or may not be criminal. FRO laws’ emphasis on immediate and observed behaviors, regardless of an individual’s psychiatric diagnosis, can prevent firearm violence while avoiding wrongly stigmatizing the larger population living with mental health diagnoses. #firearmrestrainingorders,
The divorce grounds in Illinois presently are “irreconcilable differences.” Essentially, a spouse can ask for a divorce if the spouses have differences that cannot be resolved. Illinois law states that a spouse may be granted a divorce is he or she asserts that”
Adoption is a legal procedure which establishes a new family relationship between the adopting parents and the child who is being adopted. After the completion of the adoption process, the adopting parents have the same rights, duties, and responsibilities to the child as the birth-parents would have had.
Some general rules apply to adoption proceedings. A single or divorced person, or a couple (unmarried or same-sex) can adopt a child. However, if the adopting persons are married, both the husband and wife must join in the petition unless they have been separated for over a year. A child who is over the age of fourteen years must agree to being adopted. #adoption,
You can change your name for almost any reason. However, the reason cannot be illegal or fraudulent. For example, to avoid your debts.
The judge may ask you a few questions about the reason for your name change or your background.
Some common reasons to change your name are:
Senate negotiators announced on Sunday that they had struck a bipartisan deal on a narrow set of gun safety measures with sufficient support to move through the evenly divided chamber, a significant step toward ending a yearslong congressional impasse on the issue.
The agreement, put forth by 10 Republicans and 10 Democrats and endorsed by President Biden and top Democrats, includes enhanced background checks to give authorities time to check the juvenile and mental health records of any prospective gun buyer under the age of 21 and a provision that would, for the first time, extend to dating partners a prohibition on domestic abusers having guns.
It would also provide funding for states to enact so-called red-flag laws that allow authorities to temporarily confiscate guns from people deemed to be dangerous, as well as money for mental health resources and to bolster safety and mental health services at schools. #gunbill,
Animal abuse is generally a misdemeanor. However, it bumps up to a felony if:
Illinois law defines rape as committing unlawful sexual intercourse with a person, without consent from that person, usually through force or intimidation. A lack of consent can include the victim's inability to say “no” to intercourse because of intoxication from drugs or alcohol. #rape,
