Search results for: contempt of court

Divorces can be simple, civil, and even somewhat gratifying to some parties. The prospect of leaving a marriage that was not working and starting over fresh can be an exciting start to a new chapter. For others, a divorce can mean pain, suffering, and long-term hardship and challenges. And in these situations, an unknown outlook and future can be very scary. Obtaining the divorce settlement you desire and deserve can be challenging enough. No one wants to need to worry about the divorce orders being followed, yet some do.

Residents of Illinois can secure trusted legal guidance and support when…
Continue Reading Enforcing A Court Order After A Divorce

by Christin E. Doyle

When defending a client, it is critical to gather information about the plaintiff’s
experts in order to identify weaknesses in the case and determine a winning strategy. This is especially true in medical malpractice lawsuits, where many outcomes are driven by expert opinion and testimony. With this in mind, defense counsel should become familiar with a 2020 Illinois Supreme Court decision dealing with an issue of first impression that allowed a plaintiff to redesignate a Rule 213(f)(3) controlled expert to a Rule 201(b)(3) consultant. In this particular case, the redesignation caused a physician’s report and opinions…

Continue Reading Illinois Supreme Court Allows Plaintiff to Redesignate a 213(f)(3) Controlled Expert to 201(b)(3) Consultant During Discovery

As of the writing of this article, people don’t physically go to court per many local court rules due to COVID. Still, parties to an Illinois divorce must appear sometimes in court to either say something before the court or hear what the court has to say.

When Do I Have To Appear In Court During An Illinois Divorce?

Attendance in an Illinois court is only mandatory if a Notice To Appear subpoena has been issued or a previous order requests the presence of a party at the next court date.

“Any witness shall respond to any lawful…

Continue Reading What Happens If I Don’t Go To Court In My Illinois Divorce Case?

Kane County family law attorneyAlthough the most commonly known method of collecting child support is through a court order as part of the Illinois divorce process, there are actually two ways of petitioning to collect child support. The first, as previously mentioned, is through an Illinois court. The second is by filing with the Illinois Division of Child Support Services (DCSS).

If you are a parent of a child and you are attempting to collect child support, read on to learn more about the advantages and disadvantages of using DCSS to assist you, as well as how hiring a skilled child support attorney can…

Continue Reading Do I Have to File a Child Support Case in Court?

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In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There…

Continue Reading What Should I Do if My Ex Refuses to Pay Court-Ordered Child Support?

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The Illinois Supreme Court handed down five opinions on Thursday, December 3. They included opinions in two criminal cases and three civil cases.

In People v. Reed, the court answered the question of whether a guilty plea prevents a defendant from later asserting an actual innocence claim under the Post-Conviction Hearing Act. In People v. Knapp, the court considered a case in which the defendant, after his attempted murder conviction was affirmed on appeal, filed a post-conviction petition that alleged that his waiver of his right to testify was neither knowingly nor voluntarily made.

In State Farm Mutual …
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, December 3, 2020

Divorce law is funny in Illinois. We say “dissolution of marriage” instead of “divorce,” we say “maintenance” instead of “alimony,” and we say “body attachment” instead of “an order for arrest.”

A body attachment is a big deal! A body attachment is an Illinois court saying, “if you don’t follow our rules, we will lock you up until you do.”

The court does not have an absolute power to lock people up, however. There are strict rules that an Illinois divorce court must follow if it wishes to put someone in jail.

What Leads Up To A Body Attachment…

Continue Reading Body Attachments In An Illinois Divorce Court

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The Illinois Supreme Court handed down seven opinions on Thursday, November 19. They included opinions in two criminal cases and five civil cases.

People v. Reveles-Cordova

By Kerry J. Bryson, Office of the State Appellate Defender

Alejandro Reveles-Cordova was found guilty of both criminal sexual assault and home invasion predicated on criminal sexual assault arising out of a single incident. At issue before the Supreme Court was whether both convictions could stand or whether the criminal sexual assault conviction had to be vacated on one-act, one-crime grounds as a lesser-included offense. Today, a unanimous Supreme Court vacated Reveles-Cordova’s criminal sexual…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 19, 2020

ILSCNews

Justice Robert L. Carter of the 3rd District Appellate Court has been selected to join the Illinois Supreme Court next month, pending the Illinois State Board of Elections proclaiming the results of the November 3 election.

The appointment of Justice Carter is effective December 8, 2020, and terminates December 5, 2022, when the seat will be filled by the November 2022 General Election. The Supreme Court has constitutional authority to fill all judicial vacancies.

“Justice Carter’s appointment came via a unanimous 6-0 vote,” Chief Justice Anne M. Burke said.

Justice Thomas L. Kilbride, whose vacancy Carter is scheduled to fill,…
Continue Reading Justice Robert L. Carter Set to Join Illinois Supreme Court

If you do something wrong in a court case, you could be held in contempt of court.  What is contempt in an Illinois divorce case?

The definition of contempt is broad.

“The act of demeaning the court, preventing justice administration, or disobeying a sentence of the court.” Black’s Law Dictionary (10th ed. 2014)

In Illinois courts can use contempt proceedings for basically any reason.

“A court is vested with inherent power to enforce its orders and preserve its dignity by the use of contempt proceedings.” People v. Warren, 173 Ill. 2d 348, 368, 671 N.E.2d 700, 710 (1996).

The reason for…

Continue Reading Contempt In An Illinois Divorce Case

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A subpoena in criminal court is a court order that a witness appear in court to provide sworn testimony.

In Illinois a criminal subpoena is expressly authorized by statute. See 725 ILCS 5/115-17. Clerk; issuance of subpoenas.

“It is the duty of the clerk of the court to issue subpoenas, either on the part of the people or of the accused, directed to the sheriff or coroner of any county of this State. An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas in a pending action. A witness…

Continue Reading What Does Subpoena Mean In Criminal Court?

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It is true that divorce is a stressful process that is wrought with emotions. Divorcing your spouse is a serious life change that can cause distress for the whole family, but it is not just an emotional process. First and foremost, divorce is a legal process that comes with certain legal requirements. There are many times during a divorce that the court may order you to do things, and these orders are not suggestions — they are legally-binding and required by law. In some cases, refusing to cooperate with the court’s orders can result in jail time until the orders…

Continue Reading Can You Go to Jail For Contempt in an Illinois Divorce Case?

In Sparger v. Yamini, plaintiff, on behalf of his minor-daughter, filed a medical malpractice lawsuit against a Chicago-area hospital and a neurosurgeon (collectively “defendants”). Plaintiff alleged that the surgeon’s negligence in repairing the minor-plaintiff’s spinal fluid leak caused her to subsequently develop meningitis. Plaintiff’s Complaint included a claim for compensation for brain damage suffered by minor-plaintiff, including a detrimental effect on the minor plaintiff’s “cognitive, emotion[al], and behavioral presentation.”

Defendants sought minor-plaintiff’s medical records from two hospitals predating the medical care at issue. Plaintiff’s counsel declined to produce the records, asserting that they were privileged and non-discoverable under the Illinois…

Continue Reading Illinois Court of Appeals Draws Careful Distinctions for Access to Mental Health Records

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The Illinois Supreme Court handed down nine opinions on Thursday, November 21. Full summaries of the opinions are available below.

People v. Abdullah

By Kerry J. Bryson, Office of the State Appellate Defender

Illinois Supreme Court Rule 606(b) provides that where a timely post-trial or post-sentencing motion is filed “by counsel or by defendant, if not represented by counsel,” any notice of appeal—whether filed before or after the timely motion—should be stricken by the trial court so that the timely motion can be ruled upon. A defendant must then file a new notice of appeal within 30 days of the…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 21, 2019

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Many individuals end up in the family court for various reasons. It could be a divorce. It could be a legal separation. It could be other matters like a paternity case, order of protection, motion for contempt, motion to modify or numerous other cases.

Some may have seen the family law matter coming to fruition. Others may not have seen it coming at all. The filing of the case might have been a complete surprise to them.

Some individuals are lucky in that they have the financial means to afford an unexpected family law matter. Others, however, might not…
Continue Reading Will I be appointed an attorney in family court?