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Understanding Domestic Violence Orders of Protection in Illinois

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It is normal to have disagreements with those you are close to, but sometimes those disagreements can escalate quickly, and things can get heated. If there are allegations that you were violent or abusive toward someone you were close to, you can be accused of domestic violence , and if you are convicted, this charge can follow you for the rest of your life. If an order of protection is filed against you, living your life normally will be very difficult, which is why it is important to choose an adept defense attorney if you have been accused of domestic violence.

Illinois’ Definition of Domestic Violence

Domestic violence takes place between “family or household members” and occurs when one of them commits an act of “abuse” against another. According to the Illinois Domestic Violence Act of 1986, family or household members can be:

• Spouses or former spouses;

• Parents or children and stepchildren;

• People who share a home or used to share a home;

• People who are dating or engaged or who used to date or were engaged; or

• People with intellectual disabilities and their caretakers.

Types of Orders of Protection

In Illinois, there are three different types of orders of protection that can be obtained by victims of domestic violence, each with different stipulations and different lengths of time in which they are active:

Emergency Orders of Protection: This type of order can be issued against a person as long as there is reason to believe the person has committed some sort of abuse against the victim. Respondents do not have to be present for the issuance of the order. The order is effective immediately after a judge signs it and can include remedies such as granting the victim exclusive residence and prohibiting further abuse. If you are hit with an emergency order of protection, you will need to show up in court on the specified date to fight your domestic violence charges. Typically, these orders last between 14 and 21 days.

Interim Orders of Protection: These types of orders are often issued after an emergency order has expired and the hearing for a plenary order of protection has not yet taken place. These orders last for 30 days, and they can include the same remedies as emergency orders.

Plenary Orders of Protection: These are the “permanent” orders of protection that can last up to two years and which dictate what you can and cannot do during the time the order is in effect. Plenary orders of protection can include remedies such as, but not limited to:

• Prohibiting further abuse;

• Prohibiting you from re-entering your home if it is shared with the victim;

• Prohibiting you from going near the victim or their residence, work, or school;

• Prohibiting you from having a firearm in your possession;

• Requiring you to attend counseling;

• Requiring you to give up specific property and prohibiting you from taking other property;

Contact a Will County Criminal Defense Attorney

Domestic violence charges can follow you for the rest of your life, and orders of protection can make your life very difficult while impacting your relationship with your family and your children. If you have been accused of domestic violence, it is in your best interests to contact an experienced Joliet domestic violence defense lawyer right away. The Law Office of Jack L. Zaremba, P.C. can help you fight these charges and clear your name. Call our office at 815-740-4025 to set up a free consultation.

Penalties for Driving With a Suspended or Revoked License in Illinois

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There are many ways you can have your license suspended or revoked in Illinois - maybe you failed a DUI chemical test, refused to take one, or just accumulated too many points on your driving record. Having your license suspended or revoked can be stressful and troublesome, but the last thing you want to do is be caught behind the wheel while you are not legally allowed to drive. This can lead to longer suspension or revocation periods, expensive fines, and, in some cases, even jail time. If you have a suspended or revoked license, there are ways to get your driving privileges reinstated , but unless it is an absolute emergency and you have no other means of transportation, you should not operate a motor vehicle without a valid driver’s license.

First Offense

If you are caught driving with a suspended or revoked license , you will be charged with a Class A misdemeanor the first offense. This means you could be facing up to a year in prison and fines up to $2,500. If your license was suspended or revoked due to a situation involving reckless homicide or aggravated DUI, a first offense is a Class 4 felony.

Second or Subsequent Offenses

As with most crimes, the more times you commit it, the harsher the penalties become. If you are caught a second or subsequent time driving with a suspended or revoked license, you could be charged with a Class 4 felony, meaning you could be facing one to three years in prison.

Other Penalties

It is possible for you to have multiple suspensions or revocations at one time, meaning one suspension or revocation does not override the other. Upon a conviction of driving with a suspended or revoked license, the Illinois Secretary of State will extend your license suspension or revocation by the same amount of time as the original suspension or revocation period. You also will not be able to have a license issued to you for at least one year after the date of your conviction. Upon a conviction, you could be required to serve at least 30 days in jail or complete 300 hours of community service even for a misdemeanor offense.

Contact a Joliet Driver’s License Suspension Lawyer

If you have had your license suspended or revoked, you know how much difficulty this can bring to your everyday life. You no longer have the freedom to get yourself to the places you need to be. Driving with a suspended or revoked license can result in a longer suspension or revocation period and can come with strict penalties. If you need help getting your license back, you should get into contact with a skilled Will County driver’s license reinstatement attorney . The Law Offices of Jack L. Zaremba, P.C. can help you get back behind the wheel. Call our office at 815-740-4025 to set up a free consultation.

Fleeing or Attempting to Elude Police Is a Criminal Offense

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Unless you are lucky, you probably have experienced the feeling that you get when you are about to be pulled over by the police. Red and blue lights are flashing behind you, you hear the sound of the siren, and you get a sinking feeling of dread in your stomach. In situations like this, it is important that you obey what police are trying to tell you: pull over. In some cases, your natural fight or flight response tells you to run away from police, but that is one of the worst things you can do. Fleeing police is a crime that is not taken lightly and can result in serious consequences, such as a license suspension or revocation.

Illinois Vehicle Code Definitions

There are two separate offenses that you could be charged with if you decide to flee or attempt to elude police when they are trying to pull you over:

Fleeing or Attempting to Elude a Peace Officer

This charge states that you are guilty of fleeing or attempting to elude an officer if you have been given a visual or audible signal by police indicating that you need to pull over, and you knowingly do not obey. You can also be charged if you:

• Increase your speed;

• Turn off your lights; or

• Perform any other action that attempts to flee or elude police.

A first offense of this crime is a Class A misdemeanor, which can carry a possible jail sentence of up to a year and a fine of up to $2,500. If you are convicted of this crime, the Illinois Secretary of State will suspend your driver’s license for up to six months for a first conviction and 12 months for a second conviction. A third or subsequent violation is a Class 4 felony.

Aggravated Fleeing or Attempting to Elude a Peace Officer

A fleeing or eluding charge becomes more serious if certain conditions are present. You can be charged with aggravated fleeing or eluding an officer if you:

• Speed at least 21 miles per hour over the speed limit;

• Cause bodily injury to another;

• Cause more than $300 worth of damage to property;

• Ignore two or more traffic control devices; or

• Conceal or alter your license plate.

A first conviction of this offense is a Class 4 felony, which carries a possible sentence of one to three years in prison and fines not to exceed $25,000. Your driver’s license will be revoked by the Secretary of State upon notice of a conviction. Any subsequent convictions under this offense are classified as a Class 3 felony.

Get Help From a Will County Criminal Defense Lawyer

Fleeing a police officer is a serious crime that, upon conviction, leads to jail time more often than not. If you have been charged with fleeing or eluding a police officer, you should immediately contact a Joliet criminal defense attorney for help. The Law Office of Jack L. Zaremba can help you try to avoid a conviction at all costs. Contact our office at 815-740-4025 to set up a free consultation.

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