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Recent Blog Posts
A Dangerous Loophole in Cell Phone Laws: Onboard Infotainment Systems
By now, most drivers are aware that using a cell phone while driving is a dangerous proposition. Public awareness campaigns around the country have been urging drivers for years to put their phones down when behind the wheel for the sake of the safety. In addition to being unsafe, using a hand-held cell phone while driving is also illegal in many jurisdictions, including Illinois. If you are caught using a hand-held electronic device for talking or texting, you can be cited and fined up to $75 for a first offense.
Understanding the Law
That statute that governs the use of cell phones while driving in Illinois actually applies to a wide range of “electronic communication devices,” including personal digital assistants (PDAs), electronic tablets—such as iPads—laptop computers, and of course, “hand-held wireless telephones.” The law expressly states that the limitation on the use of electronic devices while driving does not apply to GPS devices, navigation systems, or any “device that is physically or electronically integrated into the motor vehicle.” Unfortunately, systems that fall into the last category have become increasingly popular in recent years, and the dangers are only growing.
The Dos and Don’ts of Getting Pulled Over by Police, Part Two: Additional Considerations
In a previous post on this bog, we discussed some of the ways you can make your experience with the police go smoother and more efficiently when you are pulled over for a traffic violation. Nearly every person who drives a motor vehicle will get pulled over by police at some point. For some, it will be caused by something as minor as a broken taillight, while others will have more dramatic encounters with police. If you are ever pulled over by police, take the following steps to ensure that you do not make the situation more dangerous or difficult than necessary.
Do Not Exit the Car Without Being Told to Do So
Tension between police and citizens have never been higher than in recent years. Prominent cases of alleged police brutality receive copious media attention. For example, many have attributed the 2014 death of Eric Garner to the New York City Police Department. Michael Brown’s death in Ferguson, Missouri led to the public looting of businesses, vandalism of vehicles, arson, first responders being shot at, and violent conflicts between protestors and police.
The Dos and Don’ts of Getting Pulled Over by Police, Part One: The Basics
Getting pulled over by police is never a fun thing to go through. One minute you are driving down the road and the next moment you see flashing lights in your rearview mirror. Police can pull a motorist over for a number of reasons including for traffic violations such as speeding, running a red light, or suspicion of drunk driving. If you are pulled over by a police officer, it is important that you take certain steps to ensure your interaction with the officer goes as smoothly as possible.
Do Get Organized Before You Are Pulled Over
It is always a good idea to have your vehicle’s registration, your driver’s license, and proof of insurance in an easily accessible place. If you know where these items are before you are pulled over, it can make the process much faster and easier.
Do Pull Over as Soon as It Is Safe and Cooperate
If you see flashing lights or hear a siren, you should immediately pull over to the right. If the police car drives past you, you can assume the officer is pursuing someone else. If he or she continues to drive behind you, you are probably being pulled over. When there is a chance to do so safely, pull over onto the shoulder of the road. Keep your hands on the steering wheel and roll down the window when asked. The officer will ask for your license and registration. Get those items and hand them to the officer when asked.
Frequently Asked Questions About Orders of Protection in Illinois
Did you know that as many as one in three women and one in four men, on average, will suffer abuse perpetrated by a spouse or domestic partner at least once during their lives? These numbers do not even account for violence or abuse committed by parents, children, siblings, or other family members. Domestic violence is a serious problem for countless families throughout Illinois, and addressing such violence often begins with seeking an order of protection.
Many domestic abuse victims have similar questions about protective orders, including:
Q. What is an order of protection?
A. An order of protection is a court-issued directive that can be issued to protect victims or potential victims of domestic violence from their abuser.
Q. Who can request an order of protection?
A. Because orders of protection are used to address domestic violence concerns, only those with certain types of relationships with the alleged abuser can seek protective orders. This includes current and former romantic partners, individuals who live(d) with the alleged abuser, relatives and children, and anyone with disabilities who receives care from the alleged abuser. Neighbors, friends, acquaintances, and strangers do not have the standing to request an order of protection.
When You Are the Subject of an Order of Protection
There is absolutely no question that domestic abuse and intimate partner violence are real problems in thousands of American households, including many right here in Northern Illinois. While many people are forced to suffer the effects of such abuse, sometimes allegations are exaggerated or even completely fabricated. Domestic violence, however, is such a sensitive and dangerous issue that claims of innocence by an alleged abuser are taken much less seriously than the allegations themselves. It is not unheard of for an order of protection to be issued based on false pretenses or misunderstandings, leaving the accused in very unfair position.
Comply With the Order
Under Illinois law, an emergency order of protection can be granted based on the testimony and evidence presented by a single party. The alleged abuser is not required to appear or provide his or her side of the story. When a victim is actually in danger, this process allows the person to obtain protection from an imminent threat quickly. When the allegations are overblown or totally made up, on the other hand, the process puts the accused at a serious disadvantage.
What Happens if an Abuser Violates an Order of Protection?
Family law disputes such as a custody battle, parental rights dispute, divorce, or separation can be emotionally taxing for everyone involved. Sometimes a spouse with a history of abuse or a hot temper can become dangerously hostile when he or she is facing [BW1] possible family changes. Domestic violence affects about 10 million men and women each year. In fact, studies show that approximately one third of all women and one quarter of all men will be victims of intimate partner violence at least once in their lives. It may be helpful to know that there are several legal options for those who wish to protect themselves or their children from an abusive spouse or other family member.
Orders of protection are legal tools which can help protect a person from the threat of imminent harm by an intimate partner. An emergency order of protection (EPO) can be easily acquired and is often the first step for a victim of domestic violence in seeking help. An EPO can be obtained without the permission or even notification of the alleged abuser. An emergency order is only meant to be temporary and can last up to 21 days.
Plenary Orders of Protection
The most recent blog entry discussed emergency protection orders. Emergency orders of protection, which are sometimes colloquially referred to as restraining orders, are legal documents which allow a victim of domestic violence to be protected from their abusers. These orders are only temporary. A plenary order of protection is usually the next step after an emergency order of protection. These orders of protection require a hearing, but they last much longer. A plenary order is issued by a judge after a hearing with both the petitioner—the alleged victim of domestic violence—and the respondent—the alleged abuser.
What to Expect at a Plenary Order of Protection Hearing
A court hearing can be an overwhelming undertaking for anyone, especially someone who has been abused. Abuse and domestic violence often chip away at a victims’ self-confidence, even convincing the victim that he or she deserved the abuse. However, although it can be emotionally exhausting, a plenary order of protection is the safest choice for someone worried about his or her safety. Generally, the hearing date is set on the Emergency Order of Protection (EOP), but this date is not set in stone. A hearing can be delayed for many reasons, but victims of abuse should take heart in knowing that their emergency order of protection will remain in effect until the hearing can be conducted.
Emergency Orders of Protection in Illinois
Domestic violence is, unfortunately, a common occurrence in homes across the United States. Approximately one in three women and one in four men have been or will be the victims of physical, sexual, or emotional abuse at the hands of their intimate partner. If you or your child have been affected by domestic violence, you may feel alone, frightened, or confused. You want things to be different but you may be unsure as to your next steps. In many cases of domestic violence, the first thing you should do is to place a legal barrier between yourself and your abuser. Petitioning the court for an emergency order of protection can help defend you or your child’s safety and security.
How to Get an Emergency Order
Fortunately, requesting an emergency order of protection is simple. You can file your petition with the court of the county you live in or in the county where you are temporarily staying. Your petition can also be filed in the county where your abuser lives. You can file your petition with an available circuit court judge or associate judge if the court is closed for the weekend or a holiday. With your petition, you will need to include the nature of the abuse to be addressed and the specific dangers to yourself or your children. Based on your testimony, an emergency order of protection can be granted immediately.
Why Do Victims of Domestic Violence Stay in Abusive Relationships?
Nobody deserves to be hurt by someone they love, but sadly, domestic violence is prevalent in our society. Domestic violence is also called intimate partner violence (IPV), domestic abuse, or relationship abuse. It is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.
An abuser may slap, kick, hit, or physically assault their partner in order to keep the victim under his or her control. He or she may also use psychological methods of maintaining power over the victim. For example, he or she might threaten his or her victim’s children or family, use insults to break down the victim’s confidence, or purposely humiliate the victim. There are men and women who put up with cruel treatment like this for years before getting out of the abusive relationships. There are several complicated reasons that such victims of domestic violence stay in abusive situations.
Emotional Abuse Is Domestic Violence
Often, when a person hears the term “domestic violence” or “domestic abuse” they think of physical abuse like hitting, kicking, pushing, or choking. However, domestic violence does not only refer to physical acts such as these. Emotional or psychological abuse can be just as damaging as physical abuse, and those who are perpetrators of it should be held accountable.
Every couple has arguments from time to time. Sometimes, a spouse raises their voice at the other or says things that they do not really mean. This is not emotional abuse. The behavior becomes abusive when the perpetrator attempts to control their partner through their behavior. Instead of brandishing a physical weapon, a person who is emotionally abusing their partner will use lies and insults as their weapons. An abuser may use tactics such as these when attempting to gain control over their partner:
- Isolating Their Partner from Others: it is a big warning sign when someone discourages his or her partner from having healthy relationships with friends and family. Oftentimes, abusers will purposely drive a wedge between their victim and victim’s friends and family in order to exert more control over him or her;
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