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Is residential burglary a violent crime in illinois?

Quincy, IL |

i have an order of protection against my ex husband (my son included as a protected party). hes been charged with violating the order (on three seperate occasions) along with residential burglary.. he does not have visitation rights for our son, but after being charged with this class one felony he has filed for visitation.. is residential burglary a violent crime... and after not having contact with my son and i for over 17 months what further methods can my lawyer and i take to protect my son.. the judge has allowed my ex a visitation hearing... im very concerned about our saftey as he has a long history of violence.. what are his chances of being awarded visitation if he is convicted of residential burglary?

Attorney Answers 4

Posted

If he violated the OOP 3 times, why isn't he in jail.
The residential burglary won't do it.
His not seeing the son for 17 months will.
You probably can get it down to supervised visitation.
Judges don't like to cut off all visitation.
That's like cutting off a future father/son relationship for ever.
Who knows, they may have a great relationship 50 years from now.

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Posted

If hes convicted he will be going to prison, its non probational.

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Posted

Residential Burglary is a Class 1 non-probationable charge. Is carries a mandatory minimum prison sentence of 4 years. Seek the advice of an experienced attorney who will listen to the facts and circumstances and then outline your son's options.

Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923

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Posted

I don't practice in Illinois but whenever there is a home invasion courts take stern notice. In Michigan this would be a 20 year felony, and if there's a history the guidelines won't be pretty. The laws, if they serve any purpose, is to give people the sense of safety when they are in their homes. Judges are typically not sympathetic in cases such as this.

Get a lawyer asap.

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