Family Law & Divorce
Child Related Issues
Preguntas Legales Frecuentes
What is an Order of Protection?
A civil order of protection is a court order entered in domestic relations or criminal proceedings in order to protect survivors of domestic violence. It will enforce penalties or liabilities to ensure protection for the victim of domestic violence. Orders of protection are not criminal themselves, but the orders are often used in criminal proceedings. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we assist domestic violence victims with pursuing orders of protection. We also help clients who are recipients of protective orders challenge the order and address the legal ramifications of the court order.
Orders of protection can also be acquired during the divorce process. One of the benefits of an order of protection is that they can be obtained without any notice—making them very difficult for the opposing counsel to legally challenge the order. Parents are allowed to get a hold of an order of protection for their children as well.
There are a few different types of orders of protection. One is an emergency order which can be enforced the day someone requests it. It usually only lasts for 2-3 weeks. Another type of order is an interim order. A judge can give this type of order to someone after the other party has been served. This could last up to a period of 30 days. The third type of court order is a plenary order of protection. It can only be issued after a court hearing and may last up to two years.
If you have been a victim of domestic abuse, or if you have been accused of domestic violence and have a court order issued against you, please contact our offices at Mirabella, Kincaid, Frederick & Mirabella, LLC so we can answer questions involving your potential case. We have served clients for decades all over the west Chicagoland area including towns in Kane and Kendall counties such as Wheaton, Naperville, St. Charles, Glen Ellyn, Batavia, and throughout Illinois. Call us at 630-665-7300, or contact us online to schedule a free initial consultation.
What is Bankruptcy?
There are times when financial situations can be downright overwhelming, and it can feel like there is no way out of any of your debts. If debts become such a significant problem in your life, federal law allows opportunities for fresh starts to relieve that financial stress. At Mirabella, Kincaid, Frederick & Mirabella, LLC we can teach you about the most common forms of bankruptcy you can file.
For those who are seeking to restructure or eliminate their debt, the bankruptcy code allows three types of financial relief. One option is Chapter 7 bankruptcy which is liquidation or “straight bankruptcy.” This form of bankruptcy is the most common because it allows the debtor to start completely fresh. You should consider filing for Chapter 7 bankruptcy if you believe you cannot repay any of your debts, if there are no cosigners involved, or if you expect your creditors to take legal action against you.
Another option is Chapter 13 bankruptcy which can allow you to adjust your debts. This method is used for those who have a consistent source of income and would like to pay their debts if they were able to do so. The debtor can arrange a payment plan between three to five years that will have to be approved by the courts. You will often be allowed to keep larger assets such as your home.
Finally, Chapter 11 bankruptcy applies to commercial enterprises that would like to continue operating their business as they schedule repayments of their debts. Upon the plan’s approval from the court, the business can consolidate, unload debt, and reorganize for a fresh start to hopefully prevent future massive debts.
If you or your family believe that you may have to file for bankruptcy, please contact our offices at MKFM Law so that we can review your information during a free consultation. Do not suffer from crippling debt any longer. We can be reached at 630-665-7300. We serve clients in Elmhurst, Oak Brook, Will County, DuPage County, and across Illinois.
What Do I Need to Prove Sexual Harassment at Work?
One of the most frustrating things about trying to prove sexual harassment at work is that there are usually no individuals who witnessed the sexual harassment take place. In order to gain traction in your sexual harassment lawsuit, you will need to find a way to prove the harassment occurred.
Most sexual harassment cases boil down to who has said what about an alleged situation. Nothing can be solved with accusations from both parties; therefore, you will need to prove that you did suffer sexual harassment from the other party. The issue is that most sexual harassers are repeat offenders, and they will try to harass you again if they believe they can get away with it. Although you may be tempted to focus on temporarily stopping the harassment, the ultimate goal is to stop this individual from abusing you or other coworkers.
Since it is likely that the offenders will harass you again, be prepared. We have had clients hide recording devices such as cell phones, so that they can record any sexual harassment that may occur. It is not illegal to secretly record conversations as long as you were recording for your own protection and safety from harassment or other crimes. By catching the perpetrators on a recording, you have nearly sealed your case for success in a sexual harassment lawsuit.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have had years of experience assisting clients with proving that they are victims of sexual harassment. If you, or anyone you know, have any questions regarding workplace sexual harassment lawsuits, contact us at 630-665-7300 to schedule a consultation.
How Much Does it Cost to Hire an Attorney to Represent Me Against My Employer for Sexual Harassment?
If you or someone you know is considering hiring an attorney to file a lawsuit against your employer for sexual harassment, you should be aware of the potentially high bills some lawyers will try to charge. Allow us at Mirabella, Kincaid, Frederick & Mirabella, LLC to explain your pricing options.
If you are looking to find a lawyer for your potential sexual harassment case, we advise that you do not hire him or her on an hourly basis. This is an easy way for some untrustworthy attorneys to drain your bank account in the form of high hourly costs. At our firm for MKFM Law, we represent victims of sexual harassment on a contingency basis.
What that means is that if we were to accept your case, we will not charge you hourly fees that can cost you an astronomical amount. Instead, we will wait until we reach a settlement or resolution for your case. Once your lawsuit is over, we will take a percentage of the money that we were able to obtain on your behalf.
If you have been quoted an outrageous price for hiring an attorney for a sexual harassment lawsuit, do not get discouraged. Allow us to look over your case and come up with an action plan that will be the most cost effective for you. We have been helping clients in the West Chicagoland area for decades and doing our best to serve our clients with experience, honesty, and open communication. Please contact us at 630-665-7300 so we can schedule a consultation at our office.
What to Do if You Are Sexually Harassed by a Co-worker
If you have been sexually harassed by a co-worker, the first action you must take is to disclose the harassment to the HR department and/or manager at your place of employment. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain why this is a crucial step in making sure you are protected from retaliation.
If you are a victim of sexual harassment from a co-worker, you must report it to your employer as soon as possible because under Illinois Law, if you do not file a report with your employer, that employer will not be liable for failing to protect you from the harassment. Without your employer being aware of the entire situation, he or she is left unable to effectively address the sexual harassment. This is why it is of the utmost importance that you follow your company sexual harassment policy and report any harassment you receive from co-workers.
Another point to note is that for your employer to be able to assist you, they will need to investigate all allegations. Unfortunately, that means what you tell your employer about the harassment cannot be kept a complete secret. However, because you did go through the proper procedures and report the harassment, you will be fully protected under Illinois law from any form of retaliation for submitting a complaint.
At Mirabella, Kincaid, Frederick & Mirabella, LLC we understand you are going through an emotional time. You can trust that we have worked many sexual harassment cases to give you the best representation. If you have any questions about filing a sexual harassment lawsuit, please contact us at 630-665-7300 to schedule your consultation. You can also contact us via email. We serve clients in Glen Ellyn, Oak Brook, DuPage County, and throughout Illinois.