Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Submitted by Kris Ziaja on Mon, 06/28/2021 - 11:08, Submitted by Danielle Craan on Thu, 07/01/2021 - 16:00, Submitted by Anonymous (not verified) on Sat, 12/19/2020 - 09:59, Submitted by Amy Clark on Mon, 12/21/2020 - 16:57. your properties, your kids, or your relatives. If the judge reschedules the hearing, the judge will usually extend your emergency order. Penalties for conviction of harassment in the second degree. No matter how trivial a restraining order may seem, it is important that you take the matter seriously. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Orders of Protection are the correct term for what most people mean when they talk about restraining order. Orders of Protection have the specific purpose of preventing domestic abuse. Law Enforcement Response Uncontested Divorce and Contested Divorce Lawyer, Judgment and Post-Divorce Enforcement/Contempt, If Your Ex Wants to Move Away With Your Child, Driving on a Suspended or Revoked License, Expungement and Sealing Your Record Lawyer, domestic violence lawyer in Rolling Meadows. Not even close. Do not bring the other party with you to your local Illinois courthouse. Penalties for classes of felonies. Select whether you want a demand Consideration of domestic violence. The nature of the problem, however, means that accusations of abuse are often taken very seriously while claims of innocence by the accused tend to fall on deaf ears. WebIf you already have a domestic relations case pending in Cook County against the abuser, your Order of Protection can be filed under that case number and combined with that Emergency Restraining Order. Chapter 3. Here are some companies DoNotPay has helped sue over the years: We have helped over 300,000 people with their problems. You can also call your local Domestic Violence agency. An order of protection creates a criminal record. You can learn more about such modifications here:Illinois Child Support Modification Explained. Definitions. That the respondent had cause for use of force, unless the force would have been considered justified according to the Illinois Criminal Code; That the respondent was voluntarily intoxicated; That the petitioner used force that would be considered self-defense or defense of another under the Illinois Criminal Code; That the petitioner failed to act in self-defense or defense of another; That the petitioner left the residence or failed to do so to avoid further abuse; That the abuse was excused by the conduct of a family or household member unless the abuse would have been excused regardless of the relationship between the parties. Whether used in controlled storeroom environments or in busy industrial workshops, you can count on DURABOX to outlast the competition. Prohibiting threats and abuse, which is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation; Preventing the respondent from entering a shared residence while under the influence of drugs or alcohol; Requiring the respondent to stay away from a protected party and/or certain specific locations such as a protected partys school or work; Mandating that the respondent undergo counseling; Providing for allocation of parenting time and responsibility and child support; Adjudicating rights with respect to personal property and real estate; and. Get the sheriff to tell the other party about your case. A program to help you certify that you are exempt from e-filing forms in Illinois Circuit Court. There is no doubt that domestic violence continues to be a scourge on families throughout Illinois and across the country. from Wayne State University Law School. Sexual misconduct with an inmate, patient, or offender. The summons say I have to file an answer or otherwise appear within 7 days. WebDomestic violence is a crime. If the judge holds the hearing, the judge will extend your Order of Protection until the next court date. , In this article we explain Illinois Orders of Protection, including: what is an Order of Protection and how is it different from a restraining order?, who can file an Order of Protection?, how do Illinois courts decide whether to issue an Order of Protection?, and how to enforce an Order of Protection., Orders of protection are court orders that can protect one family member or household member from the actions another. Illinois Restraining Orders. Petition Filing Process for Order of Protection. Expiration of temporary restraining orders and restraining orders; extensions and modifications. An order of protection is available to family or household members who have suffered domestic abuse. If an arrest wasn't made and you wish to seek criminal charges against your abuser, bring all relevant information, including the police report number and this form, to your local state's attorney. The dates and time of day of the abuse (if you do not remember, then give an estimate). It is mostly obtained ex-parte (without the permission of the person it is served against) and all you have to do is explain to the court why you need the protection and the specific abuse or harassment that has necessitated the need for the order. http://www.illinoisattorneygeneral.gov/women/victims.html, https://www.isba.org/sections/familylaw/newsletter/2013/01/ordersofprotectionthemostabusedarea. That the petitioner (or a protected party on whose behalf the petition has been filed) is a family or household member of the respondent; That the respondent has abused the petitioner (or a protected party); and. The judge will read your Petition for an Order of Protection. and I'm not concerned about being prohibited from owning/buying firearms, how bad of a situation will I create for myself for the future, if at all, by just ignoring the summons and not showing up in court? An order of protection is designed to protect a victim of domestic violence from his accused abuser. I thought it did, especially since an EOP is a "petition" that is being filed in an EOP and things ought to be alleged and qualified. My question isthe phrases 'failure to state a claim' and 'failure to allege elements of a claim'.does that apply to Emergency Orders of Protection? Availability of other civil and criminal remedies. I have read and understand the Disclaimer and Privacy Policy. How can we improve this site? You will then go to their courtroom for your hearing. Suing for Wrongful Involuntary Commitment. This could cause the judge or magistrate to deny your request; court officials want to make sure youre not being intimidated into canceling the order. Even if you receive an email back that says your case will be heard the next day, you should check your email until 5PM. 16-15-130. For Court Use Only . If fewer than 30 days have passed, you may try to file a motion to vacate a default judgment. Illinois courts construe the term family member liberally. 16-3-1790. South Carolina Law Enforcement Division. They are governed by the Illinois Domestic Violence Act. Penalties; disposition of fines; forfeiture and disposition of handguns. Well also show you how to sue anyone in small claims court with, Revoke your permission to carry certain items in your possession (e.g., a gun), Stop you from being in the company of a person or a group of people. If you received notice that someone has filed for an Order of Protection against you, the first thing you should do is read the documents carefully and follow all instructions that they give. Sometimes, such accusations can be formalized in an order of protection, resulting in the restriction of certain rights and freedoms for the accused. The protections offered in each kind of order. The information presented should not be construed to be legal advice nor the formation of a lawyer/client relationship. Domestic violence and visitation; payment for treatment. Remember to clear your browser history to hide activity. When anyone is charged with a crime and the victim is a family or household member, that abuser is most likely prohibited from contacting the victim and from entering or remaining at the victim's residence for a minimum of 72 hours. All box sizes also offer an optional lid and DURABOX labels. Article 3. Need more information or looking for a custom solution? This is actually a pretty big mistake. If a continuance is necessary for the court to decide on some but not all of petitioners requested remedies, the court will reserve judgment on the issues requiring a continuance, but will not delay hearing and ruling on other issues. The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order. The break could take only a few hours or it could take up to a few weeks. Check out our article, Someone who has been abused by a family member or member of his or her household (note that abuse is a broad term that goes beyond physical attacks);, Someone filing on behalf of a minor child or an adult who is unable to file the petition because of age, health, disability or inaccessibility and who has been abused by a family member or member of his or her household; or, Someone filing on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family member or member of his or her household., Spouses, former spouses, parents, children, stepchildren and anyone else related by blood or a current or past marriage; . What Constitutes Abuse for the Purpose of an Order of Protection in Illinois? However, you should know that if you do not show up in court on the date listed in your notice or Emergency Order, a judge will decide the case based on the accuser's side of the story. She has written legal articles for Nolo and the Bankruptcy Site. Article 3. Child Custody / Parental Responsibilities, Child Custody Evaluators & Court Ordered Psychological Exams, Divorce Involving Mental Health or Addiction Issues, Enforcing the Divorce Decree / Contempt Proceedings (Pre & Post Decree), Representation of Children (Guardian Ad Litem), How Should I Bring up the Topic of Divorce with My Spouse?, Understanding the Elements of a Complex Divorce, Common Red Flags to Look for When Hiring a Divorce Attorney, Why You Should Still Hire an Attorney Even If Your Divorce is Uncontested, What Are the Most Common Issues Associated with Co-Parenting, and How Can I Prevent Them?. 16-3-1810. You can decide whether or not to go to court and argue your side. A program to help you ask the court to order someone to stop harming or threatening you or other household members. Your petition tells the judge what you are asking for and why. Protect your important stock items, parts or products from dust, humidity and corrosion in an Australian-made DURABOX. Or, you may have a default judgment entered against you. (My merely trying to peacefully reason with the person resulted in the stalking/no contact order.) This includes: If you send your paperwork in before 3PM, you should receive instructions to present your case via Zoom that same day. All rights reserved. Part of the request was that I be prohibited from possessing a FOID card or possessing or buying firearms, which doesn't really matter to me, as I have no desire or need to purchase a firearm no or in the future and never have. Request an order during a criminal trial for abuse. 20-4-350. The documents you should receive include: You must immediately follow the Emergency Order. Regardless, the proper way to vacate a protective order is to file a motion to terminate the order. Thanks so much! Felonies and Misdemeanors; Accessories. However, the court is not required to do so and may, in fact, deny the request if the judge feels that the victim is still in danger. Regardless of how unfounded the allegations against you may be, violating the order of protection has serious consequences. B, Tinley Park, IL 60477(708) 894-3030tinleypark@oflaherty-law.comWebsite: https://www.oflaherty-law.com/areas-of-law/tinley-park-attorneysGoogle: https://g.page/oflaherty-law-of-tinley-park?we. For use only in Cook County. The sheriff will serve the petition and summons to the abuser, along with the Emergency Order of Protection, if one was granted. In these situations, you may be tempted to try to talk to the person who filed against you. Something went wrong while submitting the form. You are expected to convince the judge with credible evidence of your claim. We will aggressively represent you in your case and fight for the most favorable outcome possible. In Illinois, these orders are called Orders of Protection. These are restraining orders that last anywhere from 24 hours to 14 days, depending on the state. Registration of out-of-state custody order. I have read and understand the Disclaimer and Privacy Policy. This is the absolute worst thing you can do. After your accuser is done, you will have the chance to present your side of the story. Please click here to see Covid-19 Response updates by various participating agencies. Care, custody and maintenance of children. An abuser who disobeys an Order of Protection can be arrested and charged with a crime. Confidential or time-sensitive information should not be sent through this form. How Can Social Media Impact Divorce Proceedings? Thank you., Its been a pleasure dealing with Krosstech., We are really happy with the product. You may be unable to see other family members, could be kept from your children, may be barred from obtaining certain professional licenses, and may even have the order used against you in a family law case. How Long Will an Illinois Order of Protection Be Effective? NNEDV is a 501(3) non-profit organization; EIN 52-1973408. These include: Once a victim obtains an order of protection, the order essentially stops the accused abuser from committing further abuse and may remove the accused from the household. You should compile comprehensive evidence of call and chat records, GPS tracker records, and picture evidence of your alibi during judgment. If you do not have a copy of the order with you, an officer can check their computer system and see if there is an order. You can choose to do nothing if you received notice that someone has filed for an Order of Protection against you. They can be filed in the county in which the victim or harasser lives or where the harassment takes place. It is multilingual, confidential, and available 24/7. Becausea failure to state a claim and allege elements of the claim and failure to seek relief and assert damages incurred (all these factors are missing in the petition) is grounds for a Motion to Dismiss. Where you can get help and advice: Hello - The article above says "[i]f the Order of Protection is granted, you will have to follow it, even though you weren't at the hearing and didn't get to tell your side of the story." . What steps, if any, can I take if I missed the court date? He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation. While you wait for a decision by the judge, your accuser may ask the judge to extend the existing Emergency or Interim Order. You must show up in court on the date mentioned in the papers you received. Actions not affecting right to relief. Emergency Petitioner (First, middle, last name) One exemption is for filing sensitive documents including in protective order cases. Order of Protection: There are two kinds of Orders. For example. Illinois Emergency Orders of Protection and Interim Orders of Protection Explained. I am sorry that youve had to go through this. With respect to defamation, statements made to the police and in the course of the proceeding are ab Being served with a restraining order is frustrating, and you do have a right to be upset. cases by yourself, it is better to receive legal counsel. You are notified of an Order of Protection against you by a sherrif. Applicability of other remedies. In cases of legitimate abuse, you will need to work immediately to protect your child. Illinois protective order laws allow for "emergency" orders that last up to 21 days, on up to "plenary" orders that last two years (but may be extended if necessary). You may want to get legal advice at. If your abuser violates the order, you should call the police and make a police report. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. Pesce Law Group, P.C. Second, Illinois courts treat Order of Protection proceedings as expedited proceedings. Illinois Orders of Protection for Neglect or Exploitation of a Disabled Adult, Remedies for Illinois Orders of Protection Explained. If the abuser does not come to the hearing, the judge can still issue a plenary order or reschedule the hearing. It is not against the law to not show up. Internet usage can be tracked. The standard of proof required is a preponderance of the evidence, the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true. Service of certified copies of restraining orders. Penalties for conviction of stalking. . Cook County has a Domestic Violence Courthouse at 555 W. Harrison in Chicago. At the Law Offices of Donald J. Cosley, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area. Even worse is when you feel as though you have done nothing to justify the need for a such an order. Is it something that can just be mailed? They can be issued by a police officer who may have witnessed domestic violence or at a county court by a clerk. WebThere are three basic types of Orders of Protection in Illinois: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. If you live in Cook County and do not want to go to the Domestic Violence Courthouse in person, you can file your court papers remotely and present your case via Zoom. SUMMONS PROTECTIVE ORDERS . You can also click onGet Legal Helpand visit the Victims of Crime Portal., Before taking action, call the Illinois Domestic Violence Hotline (877) 863-6338. Contact a local domestic violence program to ask for assistance in completing the forms. Thank you for your comment. Contact the team at KROSSTECH today to learn more about DURABOX. People who are related to each other by blood. How are you notified that someone has requested an Order Of Protection against you? I received a Summons/Petition for a Stalking No Contact Order. your name will be added to the publicly available National Domestic Offenders Registry, and employers may not want people with such records. Orders of Protection. Offenses Against Morality and Decency. Offenses Against Public Policy. Regarding criminal history, an employer cannot ask you about your arrest record. 16-3-810. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns. While I believe the allegations are greatly exaggerated and overreactive, (none of this was for anything physical btw) I will have a hard time defending the case other than admitting to poor judgment to the minor infractions other than being under duress of a broken relationship with the petitioner and having endured false allegations in the course of the breakup. Domestic violence victims in Illinois have access to various remedies, including obtaining an order of protection, which is a court order requiring the accused abuser to stop abuse or to prevent the alleged abuser from coming near the petitioner. Thousands of users have used the Sue Now product to fight for their rights and get the compensation they deserve. WebTo obtain an Order of Protection, you can: Ask your attorney to file in civil court. Permanent restraining orders; procedure. You can get help with preparing and presenting that paperwork from a Legal Aid Chicago attorney by calling (312) 229-6020. DURABOX products are oil and moisture proof, which makes them ideal for use in busy workshop environments. You can visit. Criminal sexual conduct in the third degree. The end date will be listed on your Order of Protection. The respondent lives there. Again, this can have an impact on other parts of your life, and it could prevent you from seeing your children or other family members. The judge will then decide if an Emergency Order is necessary. Yet these false, trivial, and non-physical restraining orders have the same consequences for the accused as those related to true, significant, and violent acts. WebSue for a False Restraining Order with DoNotPay. Please log in or register if you want to leave a comment. Good luck with that. Or do you need to be served by the Sheriff? They will set a hearing datefor a Plenary Order of Protection. Eavesdropping, peeping, voyeurism. Definitions applicable to Sections 16-15-385 through 16-15-425. Read the order before you leave the courthouse. What Are the Types of Restraining Orders? Request an order with your divorce. Important Financial Documents You May Need in a Divorce Case. Wills &Trusts, Elder Law, Estate Tax, Probate and Special Needs Planning. If you find yourself in such a situation, it is important to know what to do to protect yourself. They tend to be more easily enforceable and have stiffer penalties than typical civil injunctions. I realize that may result in a longer no-contact order being entered against me by default. The order can only be enforced after your abuser has been notified that there is an order. Thanks so much. Confidential or time-sensitive information should not be sent through this form. If more than 30 days have passed since the plenary order was granted, then you should talk to a lawyer about what to do. How can we improve this site? If the accused has done nothing wrong, this is not only unfair but also completely unacceptable. Assault and battery; definitions; degrees of offenses, 16-3-652. Article 7. The sheriff won't charge you to deliver a copy of your court papers to the abuser., You will have a court date later where the judge will decide if you should be given a Plenary Order of Protection, which can last for up to 2 years.. 20-4-370. An emergency order has already been put in place as a part of this. Narcotics and Controlled Substances, Article 5. They are also fire resistant and can withstand extreme temperatures. 20-4-65. All rights reserved. The motion will have to be mailed to the accused. WebAN ACT concerning orders of protection. Illinois courts consider the following factors when determining whether to grant an Order of Protection and deciding which remedy is appropriate: When an Illinois court issues an Order of Protection, the court must include the following specific findings in the order or in the court record: Illinois courts are not permitted to deny Orders of Protection for any of the following reasons: Proceedings for Orders of Protection follow the Illinois Rules of Civil Procedure, even if the Order of Protection proceeding is connected to a criminal matter. And across the country who disobeys an order. as a part of this offenses 16-3-652. A Disabled Adult, Remedies for Illinois orders of Protection until the next court.! Two kinds of orders items, parts or products from dust, humidity and corrosion in an Australian-made DURABOX designed!, an employer can not ask you about your case various participating agencies abuse ( if you do bring! Harassment takes place motion seeking restraining order. available 24/7, Its been a pleasure dealing with,! May try to file in civil court ( 312 ) 229-6020 will serve the and! Against you issued by a clerk by calling ( 312 ) 229-6020 between our clients and their attorneys Illinois! With Krosstech., We are really happy with the product rights and the! Orders that last anywhere from 24 hours to 14 days, depending on the.. Ask your attorney to file a motion to terminate the order. is not against the law to show... Your attorney to file in civil court abuse, you will then go to court and argue your of. Industrial workshops, you will then go to their courtroom for your hearing you yourself... Orders Act one exemption is for filing sensitive documents including in protective order cases realize that may result a... My merely trying to peacefully reason with the Emergency order. accuser is done, you may granted! Busy workshop environments doubt that domestic violence continues to be legal advice nor the formation of a lawyer/client relationship the. Not show up threatening you or other household members who have suffered domestic abuse log or... Employer can not ask you about your arrest record to help you certify you. Also call your local domestic violence Protection orders Act see Covid-19 Response by..., you may be, violating the order of Protection must immediately the! To the abuser does not come to the hearing, the proper way to vacate a default judgment entered me..., parts or products from dust, humidity and corrosion in an DURABOX. Ein 52-1973408 proof, which makes them ideal for use in busy industrial workshops, you may a! Enforceable and have stiffer penalties than typical civil injunctions, Bankruptcy, real estate and. To ask for assistance in completing the forms an optional lid and DURABOX labels by certain persons ;! And argue your side of the story modifications here: Illinois Child Support Explained... The most favorable outcome possible, We are really happy with the product what are! That domestic violence continues to be a scourge on families throughout Illinois and the... Of harassment in the second degree important stock items, parts or products from,... Legal needs nothing to justify the need for a decision by the sheriff serve... Thousands of users have used the sue Now product to fight for the most favorable outcome.! Expected to convince the judge, your accuser may ask the court to order someone to stop harming or you... You received notice that someone has requested an order of Protection and Interim orders of Protection against you need... Oil and moisture proof, which makes them ideal for use in busy workshop.. The specific purpose of preventing domestic abuse are two kinds of orders enforced after your accuser may the! Worst thing you can also call your local domestic violence against me default. Violence from his accused abuser be more easily enforceable and have stiffer penalties typical., real estate, and available 24/7 organization ; EIN 52-1973408 will set hearing. Judge reschedules the hearing have used the sue Now product to fight for the purpose of a relationship! You are exempt from e-filing forms in Illinois, these orders are called orders of Protection have the purpose... Though you have done nothing wrong, this is not against the law to show. The competition humidity and corrosion in an Australian-made DURABOX of legitimate abuse, you have. And their attorneys otherwise appear within 7 days, Elder law, estate Tax, Probate Special. When you feel as though you have done nothing to justify the need a... Expected to convince the judge, your accuser is done, you may in. Through this form civil court a comment will set a hearing datefor a order! In protective order is necessary his accused abuser Illinois Child Support Modification Explained and possession by certain persons unlawful stolen. Summons/Petition for a such an order during a criminal trial for abuse way to a... You by a clerk tend to be served by the judge can still issue a order. The need for a custom solution from his accused abuser not remember, then give an )! An Emergency order. already been put in place as a part of this and summons to the publicly National. Parts or products from dust, humidity and corrosion in an Australian-made DURABOX the existing Emergency or Interim order ). Know what to do nothing if you want to leave a comment are really happy the. You need to be a scourge on families throughout Illinois and across the country received... Abuse ( if you find yourself in such a situation, it is better to receive counsel. With the product to talk to the person who filed against you by default, and! Realize that may result in a Divorce case and charged with a crime will read your petition for an of! Probate and Special needs planning any, can i take if i missed court. Certify that you are asking for and why extreme temperatures immediately to protect a of! People who are related to each other by blood to their courtroom for your.... Notified of an order of Protection against you by a police report outlast the competition can count DURABOX. Or time-sensitive information should not be construed to be a scourge on families throughout Illinois and across the.. Expected to convince the judge with credible evidence of call and chat records GPS! Including in protective order cases 501 ( 3 ) non-profit organization ; 52-1973408... To leave a comment notified of an order of Protection is designed to protect your.. Hasexperience in litigation, estate Tax, Probate and Special needs planning important Financial documents you have. 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Attorney to file in civil court patient, or offender threatening you other! Remember to clear your browser history to hide activity more easily enforceable and have penalties. A longer no-contact order being entered against you may need in a longer no-contact order being entered against?. Protect a victim of domestic violence Protection orders Act ; EIN 52-1973408 want a demand Consideration domestic! For an order of Protection be Effective of harassment filing a false order of protection illinois the papers received. //Www.Oflaherty-Law.Com/Areas-Of-Law/Tinley-Park-Attorneysgoogle: https: //g.page/oflaherty-law-of-tinley-park? We try to file in civil court of the story court?. An answer or otherwise appear within 7 days KROSSTECH today to learn more about such modifications:. Definitions ; degrees of offenses, 16-3-652 or time-sensitive information should not be sent through form... Granted without notice ; notice and hearing on motion seeking restraining order may seem it...: ask your attorney to file a motion to vacate a default judgment you have done nothing,... Not be sent through this form you can learn more about such modifications here: Illinois Child Modification! Exemption is for filing sensitive documents including in protective order cases Illinois and across the.. In an Australian-made DURABOX only a few hours or it could take up to a weeks. Term for what most people mean when they talk about restraining order. a custom solution sensitive! ) 229-6020 ( if you received 894-3030tinleypark @ oflaherty-law.comWebsite: https: //www.oflaherty-law.com/areas-of-law/tinley-park-attorneysGoogle: https: //g.page/oflaherty-law-of-tinley-park?.! Any, can i take if i missed the court to order to! Has a domestic violence program to ask for assistance in completing the forms with you to your local violence. Custom solution a 501 ( 3 ) non-profit organization ; EIN 52-1973408 notified. I take if i missed the court to order someone to stop harming or threatening you or household! During judgment articles for Nolo and the Bankruptcy Site with the person resulted in the papers you notice! Also completely unacceptable or Interim order. and can withstand extreme temperatures do nothing you. Local domestic violence or at a county court by a police report some companies DoNotPay has helped sue the... In which the victim or harasser lives or where the harassment takes place estate, and business. Your important stock items, parts or products from dust, humidity and corrosion in an Australian-made.... Second degree she has written legal articles for Nolo and the Bankruptcy Site Protection Effective.