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Facing Domestic Violence Charges During the Winter Months

The holidays can be a joyful time, yet they are often incredibly stressful for individuals and families. On top of the holiday stress, the winters in Chicago can be incredibly long and challenging. In particular, parents of young kids must endure the added stress of dealing with rowdy kids who have been cooped up inside for many months. Additionally, the holidays often put financial stress on parents and spouses. When schools close for the winter holiday, many parents are left scrambling to find and pay for additional child care.

All of the pressures associated with the winter months can cause parents and kids to get cabin fever. When people are stressed, worried about money and their children, they are more likely to make mistakes. Arguments over money and finances might lead to a husband acting aggressively and punching a wall or screaming and scaring his wife. Unfortunately, winter stress can lead people to do things that they regret. Every year, good men and women face domestic violence accusations that arise from stressful situations.

False Domestic Violence Accusations are More Common Than You Think

When emotions run high, it is easy for romantic partners to say things they do not mean and do things they would not otherwise do. Additionally, perception is reality. In the heat of the moment, one spouse might think that the other spouse is being aggressive even if they are not intending to come across that way. Difficult emotions can cloud a person’s judgment as to what actually happened. Ultimately, determining what happened in a domestic dispute often results into a he said/she said dispute. Whether the spouse is intentionally or unintentionally making false accusations, those accused of should take the charges seriously.

Police Officers Sometimes Charge the Wrong Person with Domestic Violence

Sometimes, police officers must make a judgment call as to which person to charge with domestic violence. In the chaos of domestic violence scenes, some of those involved might be very emotional. It is easy for police officers to charge the wrong person with domestic violence in the heat of the moment and with police having a zero tolerance policy towards domestic violence accusations, someone is going to end up getting arrested if the police are called.

Affirmative Defenses in Domestic Violence Cases

If you have been falsely accused of a domestic violence charge in Illinois, hiring a skilled attorney is essential. At Glasgow & Olsson, our skilled lawyers listen to our clients’ stories and then develop strategic affirmative defenses.

Our Domestic Violence Defense Attorneys can Fight for Your Rights

When mounting a defense against domestic violence charges, evidence and credibility are key. Illinois prosecutors have a reputation for aggressively pursuing domestic violence charges. Yet, no matter how aggressive the attorney, he or she must still prove that every element of the crime is met in order to secure a conviction. The attorneys at Glasgow & Olsson have the experience needed to poke significant holes in the prosecution’s case. Contact our Cook County criminal defense law firm today to schedule your initial consultation.

What is a No-Fault Divorce in Illinois?

Coming to the conclusion that you need a divorce can be disheartening, especially during the holiday season. You may be wondering what your options are during the divorce process. The good news is that Illinois is a no-fault divorce state, which is one of the least challenging types of divorce. In a no-fault divorce, both soon-to-be ex-spouses agree that their divorce is due to irreconcilable differences. If you are in the process of seeking a no-fault divorce in Illinois, the skilled family law attorneys at Glasgow & Olsson.

Who Qualifies for a No-Fault Divorce in Illinois?

You do not need to agree with your spouse about everything to get a no-fault divorce. However, both spouses need to agree that they are seeking a divorce on the grounds of irreconcilable differences. In other words, both spouses need to agree that the reason they are getting a divorce is due to their irreconcilable differences.

This means that the spouses are choosing not to prove fault on anyone’s part. The spouses must agree on the details of the divorce settlement. If parts of the divorce settlement are in dispute, they may pursue a no-fault contested divorce. In order to qualify for a no-fault divorce, at least one spouse must have resided in Illinois for at least 90 days.

The Separate and Apart Requirements

The spouses must have lived “separate and apart” for at least two years. However, if both spouses sign an affidavit that waives the longer waiting period, the court will reduce the living “separate and apart” requirement to six months. The “separate and apart” requirement does not prohibit spouses from living under the same roof. On the contrary, divorcing couples can live together but cannot date each other or engage in sexual relations during the required time period.

What are the Benefits of Filing for a No-Fault Divorce?

By filing for a no-fault divorce in Illinois, both parties accept responsibility for the failure of the marriage. Both parties also agree that they are willing to work on the remaining aspects of the divorce prospects, including the following:

  • The allocation of parental responsibilities
  • Child support
  • Parenting time divisions
  • Distribution of property
  • Spousal maintenance

The spouses can agree to work on the remaining issues through mediation, arbitration, direct negotiation, or the courts, if necessary. Filing for a no-fault divorce in no way stops a spouse from making arguments that he or she should gain primary parenting responsibilities of the children. It also does not affect arguments related to spousal maintenance.

We Can Help

If you are interested in seeking a no-fault divorce in Illinois, our attorneys can help. Contact the skilled Cook County divorce attorneys at Glasgow & Olsson to schedule your initial consultation today. Learn how our attorneys can help you seek a no-fault divorce while advocating for an advantageous divorce settlement.

How Will the Legalization of Marijuana Affect Illinois Gun Owners?

Illinois recently passed the Cannabis Regulation and Tax Act. As of January 1, 2020, Illinois residents will have the right to purchase and use recreational marijuana and marijuana products. Due to this new law, the Illinois governor has already issued over 11,000 pardons for those convicted of low-level marijuana possession. Nonetheless, Illinois is only the 11th state to legalize recreational marijuana. Many potential problems are anticipated when it comes to enforcing the new law. Will firearm owners be able to use marijuana recreationally? As of now, the answer is unclear.

Will State Officials Revoke the Right to Own Firearms Due to Marijuana Use?

Recreational marijuana use is now legal in Illinois. However, Illinois is one of only a few states that require residents to secure a Firearm Owners’ Identification Card in order to own firearms. State police officials have stated that they will not revoke Firearm Owners’ Identification Cards solely for recreational marijuana use. This issue is complicated and is far from resolved.

Under federal law, marijuana possession is still a federal crime. Possession of less than 30 grams of cannabis flower is illegal because cannabis is a Schedule 1 drug. Whether or not a state legalizes recreational marijuana is not relevant to the federal government’s prohibition.

The Federal Firearms Transaction Record Form

When firearm owners apply for a background check, they must complete a questionnaire. The Firearms Transaction Record asks if the applicant is an unlawful user of or addicted to marijuana. When an applicant answers “yes” to that question, the sale of the firearm is denied. Those who lie on a Firearms Transaction Record form commit a felony. In addition to other punishments, convicted felons cannot own guns.

Even though the Illinois state police have stated that they will not revoke Firearm Owners’ Identification cards solely on a person’s legal use of cannabis. Nonetheless, firearm owners will not pass the federal background check if they answer “yes” to the question involving marijuana use. Illinois closed the gun show loophole that allowed an individual to buy a firearm from another private individual without submitting to a background check in 2013. Now, every new gun owner must undergo a federal background check.

Additionally, in 2011, the Bureau of Alcohol Tobacco and Firearms stated that a firearms dealer cannot sell a medical cannabis cardholder ammunition or guns. Despite the use of medical marijuana being legal now, firearms dealers cannot sell medical marijuana users guns. The Department of Justice has not yet responded to inquiries by Lawsuits may emerge going forward that push back on the federal government’s background check questions.

If You Have Been Charged with a Gun or Marijuana-Related Crime, We Can Help

With Illinois’ new cannabis law taking effect on January 1, 2020, many legal questions still hang in the air. Whether you are facing a criminal charge, you have questions about the new marijuana law, or you are a gun owner who is unsure about the new law, we can help. Contact our Cook County criminal defense law firm today to schedule your initial consultation.