Friday, September 11, 2020

WHAT IS ‘INTERFERING WITH PERSONAL LIBERTY’ UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You have just been charged with domestic violence based on interfering with your ex’s personal liberty. What does that mean? What can you do about it?

Under the Illinois Domestic Violence Act, "'interference with personal liberty' means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage."

In a 1994 Illinois case, In re Marriage of Healy, the court declined to find interference with personal liberty where the complainant believed the respondent had an alcohol problem, he had muttered swear words under his breath, and he had awakened the children early in the morning to go on a trip on which the complainant feared they might have an accident.

If someone is seeking an order of protection against you or you have been accused of violating an order of protection, contact an experienced criminal law attorney immediately. Do not try to talk your way out of your situation. What you may think is a reasonable explanation may give the state the ammunition they need to enforce an order against you. An attorney can help present your situation to the court in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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