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Firearms Restraining Order Takes Guns Away from Domestic ThreatsLast month’s deadly shooting at Mercy Hospital in Chicago shocked many in the community, but there were warning signs of the danger that the shooter posed. His former wife, one of the victims, had received an order of protection against him before divorcing him. Court records show that she told authorities that she feared her husband could threaten her with a gun because he had slept with a gun under his pillow and once pulled the gun on a realtor. Despite that and other reported incidents in which he threatened gun violence, the man had a concealed carry license and had legally purchased four guns in the last five years. Some wonder whether a firearms restraining order could have prevented the eventual shooting.

Protection from Gun Violence

Illinois passed a law earlier this year that created a firearms restraining order. As with an order of protection, a person can petition for a firearms restraining order without the subject having been arrested or charged for a violent offense. If the court grants the order, the subject must:

  • Turn over his or her firearms, Firearm Owner’s Identification Card, and concealed carry license; and
  • Not possess any firearms for the duration of the order, which usually is six months.

A legal firearms owner living with the subject is allowed to keep his or her firearms as long as they are secured so that the subject cannot access them.

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How a Functional Capacity Evaluation Affects Workers' CompensationThere are some workplace injuries from which you may never fully recover. If your injury permanently restricts your ability to perform your job, you may qualify for long-term workers’ compensation benefits, such as Permanent Partial Disability or Permanent Total Disability. You can also receive compensation to pay for vocational training for a new career. Your employer’s insurance company will want proof that you can no longer perform your work duties. Your doctor may recommend a Functional Capacity Evaluation to determine your physical capabilities.

FCE Process

An FCE is a series of tests that attempt to simulate the physical requirements of your job. The exam mainly measures your strength, flexibility, and stamina, though some exams will also test your cognitive abilities. An FCE can take as long as eight hours, depending on the number of tests that must be performed. Common tests include:

  • Pushing and pulling;
  • Lifting;
  • Carrying;
  • Positional tolerance;
  • Range-of-motion testing; and
  • Hand dexterity testing.

The examiner will look at your ability to complete the tests and the amount of pain it causes you. Your doctor will review the FCE results and make a recommendation on whether you are capable of returning to work.

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Manufacturers Have Strict Liability with Product DefectsWhen a defective or unexpectedly dangerous product injures you, you can file a product liability lawsuit to collect personal injury compensation. Most product liability cases in Illinois fall under the theory of strict liability, which means that you do not have to prove that the manufacturer was negligent in order to hold it liable. Before you file a product liability lawsuit, you should make sure that your case meets the qualifications under Illinois law.

Product Liability Types

There are three categories of product liability claims, each of which blames the injury on a different defect with the product:

  • A design defect means that the faulty design of a product makes it inherently dangerous to consumers;
  • A manufacturing defect means that the manufacturer did not build the product to design specifications or used faulty materials; and
  • A marketing defect means that the instructions that came with the product did not warn consumers about dangers in using the product that would not be obvious to a normal person.

You will file your lawsuit against the manufacturer in most cases because it is likely responsible for the defect. You can include the business that sold you the product or the product wholesaler if they knew about the defect or somehow caused it.

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Court Deems 22-Year Juvenile Prison Sentence UnconstitutionalIllinois criminal law requires courts to add 15 years to a prison sentence if the defendant had a firearm while committing the offense. However, Illinois amended its law regarding juvenile sentencing in 2016 to allow a court to disregard the mandatory sentencing enhancement if it believes it is not appropriate for a juvenile offender. The law instructs the courts to consider:

  • The juvenile defendant’s maturity and ability to consider risks;
  • Outside influences on the defendant;
  • Neglect or abuse at the defendant’s home;
  • The defendant’s potential for rehabilitation;
  • The circumstances of the offense;
  • The role the defendant played in the offense;
  • Whether the defendant participated in his or her defense; and
  • The defendant’s criminal history.

Illinois prisoners have since appealed their juvenile criminal sentences, citing the new law. Courts have ruled that the law does not apply retroactively to juvenile offenders who were sentenced before the law went into effect. However, courts have granted resentencing for a few of these appeals, saying that the sentence was excessive for a juvenile case.

Recent Case

In People v. Barnes, the defendant appealed a 22-year prison sentence he received for an armed robbery he committed when he was 17. Fifteen of the years were mandatory because he had used an unloaded revolver during the robbery. The defendant argued that the 15-year firearms sentence was unconstitutional for a juvenile because it violates the Illinois Constitution’s proportionate penalties clause. The clause is the state’s equivalent to the eighth amendment to the U.S. Constitution, which protects defendants against cruel and unusual punishment for a crime. An Illinois appellate court agreed that the defendant’s sentence went against society’s “evolving standard of moral decency.” The court noted that the defendant:

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A Divorced Parent's Guide to Giving Holiday GiftsReceiving holiday presents is supposed to be an exciting event for your children, but divorce can instead make it stressful. As their parent, you must preserve the joyousness of the tradition. This may mean working with your co-parent or swallowing your pride to keep your children happy. Here are five tips for giving holiday gifts after divorce:

  1. Do Not Make Gift-Giving a Competition: The holidays can become a proxy war between co-parents who try to buy their children’s affection and loyalty through presents. Some parents undermine each other by buying more expensive versions of the same gift. Children can see your motivation for giving the gift and feel pressured to pick a side between parents. You have made giving the present more about yourself than your child.
  2. Try to Coordinate Your Shopping: You may unknowingly buy the same gift for your child as your co-parent because your child has shared the same gift list with both of you. This will make you disappointed and your child sad for hurting your feelings. You can avoid this by talking to your co-parent about who will buy which gifts. If there is a particularly expensive gift, you can agree to share the cost.
  3. Let Your Gifts Travel with Your Child: Some divorced parents give a present with the condition that it must stay at their home. You should allow your children to take their gifts to whichever home they want. Putting conditions on your gift once again makes the gift more about you than your child, who will enjoy the gift more if he or she is free to use it without restriction.
  4. Respect Your Co-Parent’s Wishes: You may disagree with your co-parent about what are appropriate gifts, given your child’s maturity or your co-parent’s values. Do not give your child a gift that you know that your co-parent will disapprove. You will create conflict between your child and your co-parent if your co-parent tries to take the gift away.
  5. Help Your Children with Their Shopping: Your children want to give their own presents to your co-parent but may not be old enough to pick out and pay for them on their own. You may need to help your children with their shopping and pay for gifts. Make sure your children pick out good gifts because it is important to them to make their other parent happy.

Contact a McHenry County divorce attorney

Your time may be the most important gift you can give your children during the holidays. A Crystal Lake, Illinois, divorce attorney at Botto Gilbert Lancaster, PC, can help you negotiate your parenting time schedule during your divorce. Schedule a free consultation by calling 815-338-3838.

Source:

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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