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Recent Blog Posts
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;
Son of Former Vice-Presidential Candidate Arrested for Domestic Violence
It is tempting for many people to distance themselves from the realities of domestic violence. They may believe that such behavior is “below them” or something that only happens to other people. Unfortunately, domestic violence continues to be an issue that affects millions of Americans from all walks of life, as a recent story involving the child of a high-profile political personality.
Track Palin, the son of former Alaska governor and vice-presidential candidate Sarah Palin, was arrested recently after an alleged dispute between him and his father. According to court records, the incident happened when Track came to the Palin home in Wasilla, Alaska, to pick up a truck. Police say that when Track’s father, Todd, refused to surrender the truck to Track, a physical altercation broke out. The incident left Todd Palin bloodied from injuries to his head and face.
According to court documents, Sarah Palin explained that her son was “on some type of medication.” Track also admitted to drinking earlier in the day. When police officers arrived at the scene, Track allegedly called the officers "peasants" and told them to abandon their weapons. When they attempted to communicate with him, he refused and instead climbed onto the garage roof. Track was eventually detained and arrested on charges of first-degree burglary, fourth-degree assault and fourth-degree criminal mischief. The 28-year-old was previously arrested in 2016 for domestic violence assault involving a woman.
MDDP Program in Illinois Could Put You Back Behind the Wheel
Being charged with the crime of driving under the influence (DUI) can have devastating effects on a person’s life. Fortunately, there is a program available for first-time DUI offenders in Illinois that can help them get back on the road, even if their driving privileges have been suspended.
A monitoring device driving permit (MDDP) allows drivers to drive after they install a breath alcohol ignition interlock device (BAIID) on their vehicle. In order to participate in the monitoring device driving permit program, you must meet the MDDP eligibility requirements. To qualify, a driver must:
- Be a legal adult (18-years-old or older);
- Be a first-time offender;
- Have a valid driver’s license;
- Have not had any previous statutory summary suspensions;
- Have not been previously convicted of DUI or assigned court supervision for a DUI in Illinois and
- Have not been convicted of a DUI in another state within five years.
Former Basketball Star Charged With DUI Under Bizarre Circumstances
When people think about the consequences of a DUI, what usually comes to mind is the possibility of jail time. However, being convicted of driving under the influence can be devastating in more ways than just one. Those who drink and drive are not only are risking going to jail but are also putting themselves and the surrounding vehicles serious danger.
A former college basketball star was recently arrested for drunk driving in Belleville, Illinois. The arrest happened around 3 a.m. after sheriff's deputies noticed a vehicle stopped at a red light. The light turned green and the car did not move. When other drivers had to physically drive around the stopped car to get through the intersection, the officers became suspicious. Deputies found the driver of the stopped car unresponsive. It quickly became apparent that the driver had actually passed out behind the wheel while driving.
Police have explained that the vehicle "was running and in gear, with his foot on the brake and music was blaring from the interior of the vehicle." There was an also odor of alcohol coming from the driver, according to the police. After officers were able to rouse the sleeping driver, they notified him that he was under arrest. The driver then physically resisted arrest and had to be restrained. He was found to have a blood-alcohol concentration more than twice the legal limit at .185 percent. The driver was cited for disobeying a traffic control device, improper parking on the roadway, obstructing a police officer, and for driving with a blood-alcohol level above the Illinois legal limit of .08 percent.
DUI Awareness on “Blackout Wednesday”
This Thursday is Thanksgiving—a time when old friends and relatives get together to celebrate and give thanks for the blessings in their lives. Unfortunately, during the holiday, many people choose to drink and then get behind the wheel of a car. Bars are often very crowded the day before Thanksgiving as many have the next day off work, so they feel more comfortable drinking more than they normally would. Drinking on that particular night has become so prevalent that it has earned the ominous nickname of “Blackout Wednesday.” Others, of course, may drink to cope with family and personal stresses, which can be especially difficult during the holidays. Still others just want to party and have a good time and do not realize they are too intoxicated to drive.
Plan for a Ride Home If You Plan to Drink This Wednesday
Standardized Field Sobriety Tests During a DUI Stop
Imagine that you have been pulled over on suspicion of driving under the influence, or DUI. The officer approaches your car and asks if you have been drinking. Regardless of your answer, you may be asked to get out of your car and submit to sobriety testing. From you have seen on TV or in the movies, do you know what the test would be? Will the officer ask you to recite the alphabet backwards? Or maybe he or she will have you spell your birth month. While there are many entertaining ways to test a person for potential intoxication, law enforcement officers around the country typically rely on a series of evaluations approved by the National Highway Traffic Safety Administration (NHTSA) known as Standardized Field Sobriety Tests, or SFSTs.
What Are SFSTs?
The SFSTs consist of three separate assessments designed to help an officer estimate a driver’s level of intoxication. These tests can be used in addition to a chemical testing procedure, such as a breathalyzer, or to justify a DUI arrest if such chemical testing provides marginal results or is not available.
More Than a Ticket: Aggravated Speeding in Illinois
Many drivers view the occasional traffic ticket as no big deal. The fine associated with a citation is often seen as just one of the costs of driving, albeit one the driver could do without. If this describes your perspective when you get a ticket, you may be inclined to simply plead guilty by paying the fine and moving on with your life. In some cases, such an approach may be reasonable, but certain traffic violations are much more serious and may even be prosecuted as criminal offenses. Aggravated speeding, for example, could lead to a criminal conviction and possibly time in jail.
Petty Offenses vs. Criminal Offenses
Most traffic violations are classified by the state of Illinois as petty offenses. It is also possible for a driver to be cited for violating local traffic ordinances. Local violations and petty offenses are punishable by fines ranging up to $1,000. Petty offenses also accumulate points on the driver’s record which could lead to suspension of his or her driving privileges. Criminal offenses, by comparison, are handled in the state’s criminal court system and may result in more expensive fines, probation, and jail time. Traffic-related criminal offenses are generally misdemeanors, but there are some—including aggravated DUI—that could be considered felonies.
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