Legal Question in Family Law in Illinois

Dealing with threats to you and your children.

Section 12-6 of the Illinois Criminal Code provides: �Intimidation. (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he communicates to another, whether in person, by telephone or by mail, a threat to perform without lawful authority any of the following acts: (1) Inflict physical harm on the person threatened or any other person or on property; or (2) Subject any person to physical confinement or restraint; . . . �

Section 12-7.3 of the Illinois Criminal Code provides. �Stalking. (a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. . . .� There is also a statute for Aggravated Stalking.

If the foregoing statutes apply to your situation, contact your local State�s Attorney for help.

If the harasser is a family or household member, you could obtain a Domestic Violence Order of Protection to prevent the harassment. These proceedings are often done pro se (without a lawyer). To learn more, contact a local domestic violence prevention group or shelter, or inquire of your local Circuit Court Clerk to obtain the proper papers and learn the hours of court.

Finally, you could file a civil complaint for injunctive relief, and for that, I recommend you see a lawyer.

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