What is a "family or household member" under the IL Domestic Violence Act? Well, the statute says...
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That's what was at issue in a recent 4th District Appellate case, Benjamin v. McKinnon, No. 4-07-0079. The facts were fairly typical, Plaintiff was alleging various verbal and physical abuse against two Defendants. What was a bit unusual was that the two Defendants were a FORMER father-in-law and brother-in-law...i.e. the Plaintiff was FORMERLY married to the Defendants brother/son. So do those two people fit within the above definition? The court said YES!
The court looked at this language: "
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Family or household members" include spouses, former spouses, parents, children, stepchildren and , persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12‑21 of the Criminal Code of 1961."That's what was at issue in a recent 4th District Appellate case, Benjamin v. McKinnon, No. 4-07-0079. The facts were fairly typical, Plaintiff was alleging various verbal and physical abuse against two Defendants. What was a bit unusual was that the two Defendants were a FORMER father-in-law and brother-in-law...i.e. the Plaintiff was FORMERLY married to the Defendants brother/son. So do those two people fit within the above definition? The court said YES!
The court looked at this language: "
other persons related by blood or by present or prior marriage" and said that includes former in-laws.
posted by Peter | 3:04 PM
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