| emilar |
| (enthusiast) |
| 02/09/08 03:02 PM |
Re: custody after being covicted of assualt
|
No contact orders and OP'S are a tough battle to overcome...if she has gotten help... proved it wasn't something that is likely to happen again and followed the orders which usually include the offender getting counselling...GALS can work better with everyone...but they basically only care about the child and whats best for them and have seen every kind of situation if experienced...so has the judge...
Actually the IMADA says:
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 107
Order of protection; status. Whenever relief is sought under Part V, Part VI or Part VII of this Act, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person.
It is considered for relief considerations and includes abused spouses. Illinois doesn't allow judges to consider fault when deciding property and other issues, this is a clause where they can..
Of course there are other acts that will consider it such as the Juvenile Act and the Domestic violence Act but you have to cite them with relevant caselaw for a judge to do anything...
I have had a judge say and a good friend on the board has had the judge say "Cite, Cite, Caselaw is everything..if you want to win..use the statutes to find case law that support your position.. a lot of lawyers underestimate pro se people in this regard and don't cite a darn thing..