Legal Question in Family Law in Illinois

In a Cook Count domestic case, is there another way that a case can be dismissed without including a "leave to reinstate"? It doesn't make sense to add that qualifier if the case were indeed baseless or was not strong enough for the DA to proceed. Thank you.


Asked on 8/17/18, 3:17 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

AS you mention a DA (there is not such thing in IL, you probably mean a States Attorney SA) then I will presume that you are asking about a domestic violence case. IF there are asking the case to be stricken with leave to reinstate, that is what the law allows. If it is baeless now, it would be baseless then. It is best that the case be dismissed. It is highly unlikely that one wiyld seek leave to reinstate. If there are new issues that arise, it would be a new case and no need to reinstate. If it is a support case, one always has the right to start a eww case.

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Answered on 8/18/18, 4:40 am


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