Posted on May 15, 2018 in Criminal Defense

When people are facing the immediate consequences of having a criminal conviction, their first goal may be to simply pay their dues so they can move on with their life. However, what many individuals do not realize is the long-term side effects that having a criminal conviction can create. Depending on the severity of the crime in Illinois, people can spend anywhere from several hours to several years behind bars.

According to Time Magazine, the consequences of having a misdemeanor conviction is not much different than having a felony on one's record. Even though jail time is not always required for people who have been charged with a misdemeanor, it can certainly affect their record and present consequences that can hinder a person's success over the long run. For example, folks may struggle to be approved for loans, to acquire desirable housing rights and to be awarded specific family rights. In all, between federal and state requirements, there are over 45,000 consequences.

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 Posted on April 29, 2018 in Child Support

Despite the circumstances that lead to you needing to raise your child alone, the uncertainty of parenting without the help of a spouse can oftentimes be overwhelming and scary. While there may be periods when you have the assistance of other family members or even another parent, you are ultimately left to care for your children by yourself. At Fawell & Fawell, we have helped many Illinois parents to negotiate effective child support agreements to benefit the best interests of their children.

Your attitude can affect a lot of things, but especially in parenting. When you are upset, distracted, stressed and overwhelmed, your children will sense this and are often prone to the same behaviors. According to the Mayo Clinic, you can still be an effective parent even if you are raising your children alone. Some of the things you may consider include the following:

• Establish clear limits that discuss the type of behavior you expect in your home. You should also make your children aware of the pending consequences they may be subject to if they are disobedient to your rules.

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 Posted on April 27, 2018 in Divorce

You and your spouse may have promised years or even decades ago that you would remain together until one of you died. However, relationships morph over time and some couples simply drift apart.

If you and your spouse have decided to end your marriage, you may naturally feel overwhelmed, not knowing where to start. Here are a couple of important pointers when it comes to filing for divorce in the state of Illinois.

The Illinois divorce process

If you want to get divorced in Illinois, you or the other party must have lived in the state for a minimum of 90 days before beginning your divorce proceedings. In addition, a waiting period exists in the state to allow you and your future ex-spouse to calm down and rethink your decision to get divorced. This period lasts six months; however, you and your spouse may choose to draft a written agreement waiving the waiting period.

No-fault divorce in Illinois

Illinois used to have 10 separate grounds for the dissolution of a marriage. However, this changed at the beginning of 2016 when the state legislature eliminated fault-based grounds for divorce. This essentially leaves "irreconcilable differences" as the primary basis for getting divorced.

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 Posted on April 20, 2018 in Domestic Violence

You might have heard stories of criminal victims blocking plea bargains for domestic violence cases in Illinois, but this power is not as absolute as some might make it seem. In fact, the law on victim's rights places several significant limits on the way a victim might interact with the prosecuting attorney.

You probably know that a public attorney represents victims in criminal cases. This means that criminal prosecutors tend to pursue the best interests of the state, namely punishing and controlling criminal elements of society. You might encounter cases when this goal involves pursuing a trial, but that is not always the case.

The Illinois Compiled Statutes allow victims to receive notification of plea negotiation offers made by the prosecution. For example, if you were a defendant in a criminal case and your attorney received an offer for a reduced sentence, the prosecutor would be obliged to let the alleged victim know about the discussion. Furthermore, the prosecutor would have to consult with your alleged victim.

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 Posted on April 03, 2018 in Criminal Defense

Once you have been convicted of a crime in Illinois, your future may seem bleak and hopeless. Repairing relationships, rebuilding trust and fixing your reputation and how people perceive you is going to take a lot of time, commitment and work. Fortunately, when you focus your energy on how you can be a better version of yourself, you have every chance at fixing your reputation and developing a new, stronger you.

Perhaps the most important change you need to make is to commit to abandoning your previous poor choices that resulted in your conviction in the first place. Assess how you can change your behavior and find ways of doing things that are more effective, respectful and reflective of the type of person you want to ultimately become. According to Forbes, there are three major things you can do as you are working towards rebuilding your reputation. These include the following:

• Only entertain what you can control: There will undoubtedly be the people who refuse to see you as a changed person. These people are not your priority. Instead, focus on rebuilding trust with the people who do care and who do value your efforts for trying to change.

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 Posted on March 19, 2018 in Child Support

In situations where families are coping with abuse or the effects of having been involved in an abusive relationship in Illinois, it can take time and commitment to overcome the trauma that is often a result of someone having been mistreated. For children particularly, this process requires adults to intervene in healthy ways and in a timely manner to allow children to recover from negative circumstances and overcome insecurities and fears before they become debilitating.

According to childwelfare.gov, children can heal from abuse by developing resilience and learning new, healthy habits. Some of the things that adults should pay the most attention to include the following:

• They should encourage their children to feel emotions, process them and understand how to cope with strong feelings in ways that are healthy, safe and effective.
• They should teach their children about important behaviors and how those behaviors can create security and self-confidence. For example, they should encourage children to get enough rest and eat healthy foods, as well as avoid dangers such as smoking, drinking and promiscuity.

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 Posted on March 04, 2018 in Child Custody

Parents in Illinois may not have a name for their style of parenting, but that does not mean they fail to recognize when their former spouse is taking a different tack. Sometimes, their methods may diverge so widely, it can cause problems for their children.

However, according to the Child Mind Institute, children do not suffer as much from inconsistency as they do when there is conflict between parents.

Putting anger aside

Before parents can agree on anything, they have to want to work together to find an approach that works. Deciding not to immediately reject the other parent's suggestions can be an important first step in reducing the conflict level.

Testing various methods

One parent may cling to a way of doing things because it is the way he or she has always done it. Deciding to consciously try the other parent's way of doing things for a specific amount of time can help to identify what is right with it, and what may be a problem. Then the pros and cons of the results may be discussed rationally.

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 Posted on February 23, 2018 in Child Support

You and your spouse are getting an Illinois divorce, and it is already clear that your child will be spending the majority of his or her time with the other parent. Being unable to work because of a disability, you worry that the limited income you have may be depleted through child support. But can your spouse take away your benefits?

The Illinois statutes explain that the courts use specific guidelines to determine the amount of child support you and the other parent will pay. This is figured based on the income of each of you, as well as the amount of time your child spends with each of you and other factors.

Not all income sources are included when the court figures the amount you should pay. If you receive Supplemental Security Income, that amount is not part of the calculation. Likewise, any other benefits you receive from public assistance provided based on your income, such as SNAP, are not counted in the calculation. Income you receive to take care of another child, such as a foster child or a child from a previous marriage, is also not included. So, child support, foster care payments or survivor benefits cannot be used to pay child support to your former spouse.

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 Posted on February 09, 2018 in Domestic Violence

You and your spouse have been having trouble getting along, and you may believe the two of you will soon be appearing in Illinois divorce court. Expecting to be served divorce papers, it can be devastating to learn that instead of the divorce petition, your spouse has petitioned the court for an emergency order of protection. At Fawell & Fawell, we often help spouses who have been falsely accused of domestic violence.

According to the Illinois General Assembly, state statutes require your spouse to be interviewed by the court under oath in order for the petition for an emergency order of protection to be verified. You do not have to be told about the hearing, called an ex parte hearing, until after it is over. Your spouse's petition and examination before the court have to provide convincing information that the abuse occurred and that there are compelling reasons you should not be notified before the court issues the temporary order.

You do not get to present evidence to the contrary or dispute the allegations against you until the temporary protection order expires, and your spouse seeks a plenary order of protection. You are allowed at that hearing to present your case. However, your spouse could also apply for an extension of the temporary protection order.

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 Posted on January 25, 2018 in Prenuptial Agreement

When you are getting ready to walk down the aisle, the possibility of getting a divorce is likely the last thing on your mind. In reality, it may be wise to make it one of the first things you tackle once you know that wedding bells will soon be ringing.

Unfortunately, due to irreconcilable differences and a multitude of other potential issues, not all marriages last. However, you can protect any assets you bring into your marriage with the help of a prenuptial agreement. Still, there are certain things you can't legally include in these types of agreements.

Illegal provisions

Each state, including Illinois, does not allow anything illicit to be included in prenuptial agreements. In fact, if you decide to include a provision that details something illegal, this may end up putting some parts of your document or even your entire agreement at risk of dismissal.

Child custody and support decisions

Issues related to child custody and child support also cannot be included in your prenuptial agreement. The family law court has the last say when it comes to child support calculations, as child support is considered a public policy issue. The court will determine child support according to what is in the child's best interest.

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