Legal Question in Family Law in Illinois

help! They've requested I be thrown in jail.

I had a restraining order stating that I could not contact my husbands chain of command. I contacted congress. They said I am in violation of the court order. I live and have lived in florida for over two years. This is the Illinois court system. My husband is requesting that I violated the court order that I spend 6 months in dupage county jail for it. He's doing this because he thinks that I will loose custody of my son and his parents will obtain it. But I know that Florida will take over and he will go into the foster system in Florida. I do not want to see that happen to my son. How can someone want their spouse be put in jail for doing nothing serious except for speaking on behalf of their child, and the courts view that as a good thing and I have to spend 6 months in jail? Don't they realize that, that's going to hurt me in the future to where it's going to be harder to provide for my son? I also have to take time off work and travel to IL to appear in front of a judge to tell my side of the story.


Asked on 2/24/07, 5:04 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: help! They've requested I be thrown in jail.

Hello. You need legal representation in Illinois. One legal issue is whether contacting Congress is a violation of the Court Order. The other legal issue is whether Congress represents your husband's chain of command. Another issue here is whether the Court's order is legally enforcible since your husband's chain of command is in the federal system and a Circuit Court does not have jurisdiction to touch federal issues.

You should act quickly and I understand your concerns here. I think there is a good chance that a legal argument can be made to prevent the DuPage County Court from being able to hold you in contempt. Will be happy to discuss this further and in more detail.

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Answered on 2/25/07, 9:59 am


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