Identity Theft Legal Steps

Summary

Darren should file a police report for identity theft, seek a protective order, and consult a family law attorney. Legal aid organizations can provide assistance. Contact local law enforcement and Child Protective Services if Deryn is in immediate danger. Document all incidents and communications.

Full Conversation

Ok I need direction on my next step. I was married to Vivian on */*/*. I had immigrated her and two young sons that I adopted. We had married in the Phillipiines a monmth earlier but I would later find out that marriage that I PAID FOR, TRAVELLED TO mANILLA FROM uS FOR, HAD APPOINTMENTS AT THE CONSOLATE FOR, AND HAD MARRIAGE COUNSELLING IN mANNILA FOR, ALL WAS A SCAM. vIVIAN AND HER mother kept the money and told the minister to not turn in our Marriage licence to the PSA because Vivian had no intention of being married in the Philoippines where there is no divorce. I paid for the honeymoon and the immigration and flights to US for the *. Once in Us we married in Adams County Illinois a simple * dolar ceremony in front of a judge and a reception in Taco Bell. But we were still married. In * Vivian had our, and my omly natural child after my wife of 20 years had did in * from cancer in *. I was unable to conceive medical issue but oddly with Viuvian, we did. The baby was mine. All that time I had believed I was married in the Philippines which has no divorce. Vivian kept making excuses why the marriage certificate never arrived stating the pastor must have screwed it up or wasnt licencesd all lies to stall for time. After the birth of my daughter Deryn in Dec *, Vivian changed. She no longer acknoleged me as a husband and began treating me terrible. She turned her two boys against which devastated them at * and *...They called me dad. vivian would threaten and abuse me hitting me and destroying things like my office, my furniture, my groceries, and would ofter call the police if she became mad at me. I never was violent and was never arrested. I started noticing health issues in * and it was a mystery to the doctors. Once day Vivian told me during an argument to "Watch my food" I had also found searches on her laptop relating to household poisons and what they do if injested. One day Vivian left after an argument and calling the police. She disappeared with my daughter Deryn and hid for 4 months in Californiqa with her sister who was already a US citizen by that time. I would later learn that was her scheme the whole time she would use me in a mariage scam to get a free ride to the US for her and the boys then stay with her sister and live happily ever after. All the while Im in illinois in a home and property, rental propertyes and assests we now owned in common. I was emotionally and physically devastated from what I suspected was her poisoning my food. She finally returned to Illinois and half way we reconciled but I was srtill reeling from all that had happeded. She scammed me to get to US, tried to murder me(in my estimation) then took my daughter and fled for no other reason than it was her plan all along. In * she made a story to get a restaining order against me. She said I was holding her and the kids hostage by taking our family Jeep away. This was not true and I oproved in court over the restraining order that I had an appointment to serveice the jeep it was overheating and all that time I was unable to go home, to our rentals, or any where near my sons or daughrter, or pets at my home which in the 3 months I was gone she starved and beat my little dog and cat. Both would die as a result. I have those on video survelance. In the hearing to decide if the judge should uphold the restraining order, my lawyer asked Vivian on the stand if she had threated to poison my food. To the courts shpocjk she admitted she had, but added she wouldnt have really did it. The judge was furious she had put me through this and threw the restraining order and Vivian out of the courtroom. I could finally go home. vivian had fled again by that time to a local shelter proclaiming I had been abusinve when truth was I had not been home or any where near my family for * mnths due to the restraining order, During that time vivian had drained our bank account and openend a new account in only her name. I went home broke and emotionally destroyed. I spent 3 months at a friends house and was finally home. Vivian filed for divorce because I learned she was a covert narcissist and was dead set onb my destruction so I learned to not play her games and show no emotion and just fight for Deryn. Which I continue to do until today, Septemmber *. Vivian dont know whqat to do if she cant control me so I dont allow her. I live my own life with *% focus on Deryn/ I know my ex is abusing Deryn because Deryn is afraid of her mother and had Deryn most of the time. I have Deryn 4 days a week but for now am not allowed any overnights from Vivian and she abuses mr and Deryn every chance she gets. For Deryns sake I gave Vivian the jeep, kept it maintained and insured until today. I paid for Vivian a brand new Iphone and its service as well so Deryn will always have access to me her daddy. Deryn is now * and very smart since I spent all my time with her teaching her everything about the world around her, science math social studies cooking and she is a great little girl who is also veryu emotionally damaged diue to her mothers sensless destruction of a perfectly good,m yet imperfect family. She is sensitive just like me. Looks like me...Oh and btew...My name is Darren too. We are basically twins and I lover her more than my ability to put into words. Vivan and I were awarded */* decision making in the divorce, I allowed her the jeep and I kept the * properties, a different case, so please remember that about the houses. Anyway, I maintained the insurence thriough allstate and was sitting aat my compute 4 days ago when a message popped up on my computer that said, "You have changed your email address successfully" Alarmed I imediately tried to log into my account byut was unable. I called my agent who verified what Id seen. At this point Vivian and I had been divorced for 7 months so the only conection she had to my insurance policy or my private account was listed a driver. Not to have access to the acount. The agent said she had help from another agent but her didnt know who he only could see a code. HE said even they do not have access to our accounts so it was clear Vivian had used trickery to break into my Allstate account, that also contained * of my credit cards ion fiile, and changed the email address and password to lock me out. She did all of this wiothout informing anyone. She just did it. I checked Illinois statuete aand learned this constitur=ed Identity Theft and using an eletronic device to do so. Both serious crimes in Illinouis with serious consequesnses. My insurance agent stated he needed a police report andf the divorce decree which I immedialty went and obtained. My ex Vivian actually sent me a text after the police had made contact woth her stating, "I only went on the because I you(me) had allowed the policy to lapse(not true) and she asked the agent to let her take over it." ALL fabications on my part. I dod not answer or say a word. In return. That was Friday. This is the foillowing monday, Vivian has put me in jail and kicked me out of my home, abaondoned me and took my child all for no ligitimate reason. Even though she continually abused me and I know she is now abusing Deryn, I intend to push this matter to the fullest extent of the law allowable. She could have informed me she intended to obtain her own insurance elsewher at wehich time I would have cancelled the police and allowedd her to do so. But no! In an act of obvious control and mayhem, she broke into my account using some rogue Allstate agent and hjacked MY account and locked me out denying me access to my insurance account and all my private info and finacials., I worry for Deryn because if Vivian thinks she might go to me, WHich IS WRITTEN IN THE DECREE if either of us becaome unable to care for Deryn, the other parent will take over sole responsibility. These are seriuus Felonies and Vivian has already shown her propencity to disappear with Deryn and she admitted in court to thereats of murtdering me. Entire families are muyrdered in the US every year over custody and divorce disputes murfde/suicide. It scares me. PleasBut this must be done and dERYN WANTS, AMND HAS BEGGED TO PLEASE DADDY i WANT THE HITTING TO STOP AND COME LIVE WITH YOU....pLEAASE ADVISE MY NEXT STEPS..tHANKS
Darren, I'm sorry to hear about your situation. Here are some immediate steps you should consider:
*. **File a Police Report**: For the identity theft and unauthorized access to your Allstate account.
*. **Seek a Protective Order**: For both you and Deryn, given the history of abuse.
*. **Consult with a Family Law Attorney**: To modify custody arrangements for Deryn's safety.
*. **Document Everything**: Keep records of all communications, incidents, and evidence of abuse.
Have you already contacted a local family law attorney to discuss these issues?
dERYN IS CURRENTLY IN HER MOTHERS care while her mother is at work. She left Deryn at home from school today with the two boys and a girlfriend I mentioned earlier. All Vivian hads to do is call them and they will hide Deryn from me they have done it before...Advise
Darren, given the urgency of your situation, here are some immediate steps to consider:
*. **Contact Local Law Enforcement**: Report the situation immediately, especially if you believe Deryn is in immediate danger.
*. **Emergency Custody Order**: Seek an emergency custody order from the court to protect Deryn.
*. **Child Protective Services (CPS)**: Notify CPS about your concerns for Deryn’s safety.
~Adams County Circuit Court
Phone: (*) *-*
Address: * Vermont Street, Quincy, IL *
Website: www.co.adams.il.us

Have you considered contacting CPS to report your concerns about Deryn's safety?
I have but her mother is so charming and knows how to play the victim and malke me look the aggressor when I am not nor have I ever had a history of violence. Its 4pm on Monday afternoon. I have a sargent in the sherriffs dept who knows me and my family for years. He is an excellent police officer and know our small town Payson Illinois well. I thought to ask him If I could meet him at our little sherrifs office and see what he recommends. I would prefer that instead of walking blindly into a situation Im sure she has her mother has probably preparted for...Thoughts?
Darren, meeting with the sergeant sounds like a prudent first step. Here are some actions to consider:
*. **Discuss Your Concerns**: Explain the situation to the sergeant and seek his advice on the best immediate actions.
*. **File a Police Report**: Document everything formally with law enforcement.
*. **Seek Legal Advice**: Contact a family law attorney for guidance.
Have you set up a meeting with the sergeant yet?
I have filed a police report regarding rhe id THEFT. I would have to imagine if I press charges, or the Insurance company does on my behalf,Vivian would necessarily at least be arrested. Am I wrong? What is the Illinois statutes and penalties/procedures once charges are filed?
Darren, here are some key points about identity theft under Illinois law:
- **Statutes**: Illinois Compiled Statutes (* ILCS */*-*) covers identity theft.
- **Penalties**: Identity theft can range from a Class * felony (*-3 years in prison) to a Class X felony (*-30 years in prison), depending on the circumstances and amount stolen.
- **Procedures**: Once charges are filed, law enforcement will investigate, and if there's enough evidence, the case will proceed to court. An arrest may occur if there's probable cause.
~Adams County Circuit Court
Phone: (*) *-*
Address: * Vermont Street, Quincy, IL *
Website: www.co.adams.il.us

Have you considered consulting with an attorney to navigate this process?
Im disabled from the stroke I had in * and cant afford an attorney. The doctors suspect the stroke could be a result of the poisoning my ex did to me. Something she at leadsst admitted in court. But I can still walk and function and drive. I just lost my ability to read and have little money we collect each month from my son who has muscular distrophy and Im still waiginng for a decision on my disability after * applications. I cant afford an attorney.
Darren, given your financial constraints, consider these options:
*. **Legal Aid Organizations**: Seek help from organizations that offer free or low-cost legal services.
*. **Pro Bono Attorneys**: Some lawyers volunteer their services for those in need.
*. **Law School Clinics**: Law schools often have clinics where students provide legal assistance under supervision.
Would you like information on legal aid organizations in Illinois?
Should I also consult with the insurance company as they are involved ion the theft of my account and see what actions they are prepared to do here?
Yes, consulting with the insurance company is a good idea. They can provide guidance on how they handle such situations and what steps they can take to secure your account and assist in the investigation.
Would you like information on legal aid organizations in Illinois to help you with your case?
Thank you...Please save this date as there is much more to the divorce and my por=ropertires cases I need serious help as I have been workign pro-se since * since my previous attorney broke me all my savings and is also now suing me for a final bill after he quit on me to fight alone...Its a sad situation Vivian brought on us all
Darren, I'm sorry to hear about everything you're going through. Here are some resources that might help you:
Legal Aid Organizations in Illinois:
*. **Land of Lincoln Legal Aid**
- Phone: (*) *-*
- Website: [www.lincolnlegal.org](http://www.lincolnlegal.org)
*. **Illinois Legal Aid Online**
- Website: [www.illinoislegalaid.org](http://www.illinoislegalaid.org)
*. **Prairie State Legal Services**
- Phone: (*) *-*
- Website: [www.pslegal.org](http://www.pslegal.org)
Next Steps:
*. **Contact your insurance company** to discuss your situation and what actions they can take.
*. **Seek assistance from legal aid organizations** listed above to help with your case.
*. **Document everything** and keep all records and evidence organized.
Would you like more information on any specific topic or further assistance with your case?