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Illinois defense lawyerIn the state of Illinois, domestic violence is defined as any act of physical abuse, harassment, intimidation, interference of personal liberty, or willful deprivation carried out against a family or household member. Domestic violence is a serious crime that can affect the physical and emotional well-being of victims. One defense that domestic violence victims have is orders of protection. If you’ve been accused of domestic violence and have received an order of protection against you, it is important for you to understand what you can and cannot do and the consequences if you break the order of protection.

What Is an Order of Protection?

According to the Illinois State Police, an order of protection is a legal order, given by a judge, that helps to protect victims of domestic violence. Orders of protection can order an abuser to take certain actions or to forbid them from taking certain actions. In Illinois, there are three types of orders of protection: emergency orders, interim orders, and plenary orders.

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Illinois defense lawyerA homeless Illinois man has been charged with sexual assault for an incident occurring near the Illinois Prairie Path in Wheaton. The incident occurred in the early morning on May 18 near a DuPage Pads shelter, an organization that provides housing and support services to help individuals become self-sufficient.

The Case

Wheaton Police responded to a call that someone was screaming for help around the Pads shelter in Wheaton. The police reported that when they got there, they found the victim and the woman who was screaming for help, with dirt on her face and scratches and cuts to her upper body. According to the DuPage County State’s Attorney’s office, the man approached the woman and demanded sex. When she refused, he allegedly dragged her into the woods by her hair, sexually assaulted her and then fled the scene.

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Illinois defense lawyerWith the rise of technology, internet-based crimes have become more common in our society. According to the FBI’s Internet Crime Report, nearly 300,000 complaints were made concerning internet crime in 2017. Illinois ranked number seven on the list of states with the most internet crime incidences. The state of Illinois made changes to the Cyberstalking section of the Criminal Code of 2012, which went into effect at the beginning of 2018.

What Is Cyberstalking?

According to Illinois law, cyberstalking takes places when a person uses electronic communication to cause another person to fear for their safety or suffer emotional distress. The law also says that cyberstalking is committed if a person uses electronic communication to harass another person on two or more occasions and threatens bodily harm, sexual assault, confinement or restraint of the person or a family member of the person.

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Illinois defense lawyerUnfortunately, one of the most abundant crimes in the United States is domestic violence. An estimated 12 million people are affected by domestic violence in the U.S. each year, according to The National Domestic Violence Hotline. Facing domestic violence charges can be a complicated and emotional process, but a good place to start is to understand the laws and consequences concerning domestic violence.

Illinois Definitions of Domestic Violence

In the state of Illinois, an event is deemed domestic violence if the act of abuse is perpetrated against a family or household member.

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Illinois defense lawyerOne of the most controversial and emotional crimes a person can be accused of - whether the accusation is true or not - is a sex crime. One of the reasons why sex crime accusations are so controversial is the unclarity of what does and does not insinuate consent. Each state has its own sexual consent laws and varying punishments for sex crimes. It’s important to understand what constitutes sexual consent in your state.

Sexual Consent in Illinois

According to Illinois state law, consent is defined as a freely given agreement to the act of sexual penetration or sexual conduct in question. It also states that a lack of verbal or physical resistance or submission by the victim in response to the use of force or threat of force does not constitute consent. Illinois state law also says that the manner of dress of the victim does not constitute consent. Furthermore, a person can withdraw consent during the course of a sexual act and any further action by the accused is considered non-consensual.

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