Domestic battery accusations can feel like your world is crashing down. Whether the allegations are true, exaggerated, or entirely false, the impact on your life can be devastating. Suddenly, your reputation, relationships, and even your freedom are on the line. Illinois laws are strict when it comes to domestic battery, and the penalties are severe. Even minor incidents or misunderstandings can escalate into major legal battles. In these moments, having a knowledgeable defense attorney in your corner can make all the difference.

At the Law Offices of Andrew Weisberg, our Chicago, IL criminal defense attorneys are committed to helping you understand your rights and take the right steps forward. Contact us today to start building your defense.

What Is Domestic Battery?

Domestic battery involves physical harm or insulting contact between individuals in close relationships, such as family members, partners, or household members. Unlike a simple battery, which applies to any individual, domestic battery focuses on these specific relationships. Examples include slapping, hitting, or any physical contact causing pain or discomfort. Even minor incidents can result in severe legal consequences, often stemming from disputes, misunderstandings, or false accusations.

Who Qualifies as a Victim in Domestic Battery Cases?

The law defines a domestic battery victim as a “family or household member,” including:

• Spouses or ex-spouses
• Roommates, past or present
• Co-parents
• Blood relatives, like siblings or parents
• Individuals in a romantic or dating relationship

This broad definition can complicate cases, especially when disputes arise over the relationship’s nature. For example, accusations between former partners or roommates may involve questions of credibility or ulterior motives.

What Are the Penalties for Domestic Battery in Illinois?

The penalties for domestic battery can range from significant fines to long-term personal repercussions:

Misdemeanor Domestic Battery

• Up to one year in jail
• Fines up to $2,500
• Potential requirement for counseling or anger management

Felony Domestic Battery

Charges can escalate to a felony in cases involving prior convictions, use of a deadly weapon, or incidents involving children. Felony penalties include longer prison sentences and higher fines.

Long-Term Effects

A conviction can result in a permanent criminal record, difficulty finding employment or housing, and restricted parental rights in custody disputes. These consequences highlight the importance of seeking legal defense.

Can Domestic Battery Charges Be Dropped?

In Illinois, the decision to drop domestic battery charges lies with prosecutors, not the victim. Even if the victim recants or refuses to cooperate, prosecutors may proceed based on evidence such as police reports, witness statements, or injury photos.

This can be frustrating for both parties, but a defense attorney can work to challenge the evidence and advocate for dismissal or reduced charges.

What Are Common Defenses Against Domestic Battery Charges?

Being accused of domestic battery doesn’t equate to guilt. Here are common defenses that attorneys use to protect clients:

• Self-Defense: If you acted to protect yourself or another person from harm, your actions might be justified. For example, if someone attacked you first and you responded to prevent injury, your attorney can argue self-defense.
• False Accusations: Unfortunately, domestic battery accusations are sometimes used as leverage in personal disputes, such as divorce or custody battles. Your attorney will investigate the circumstances surrounding the accusation to uncover inconsistencies or motives for false claims.
• Lack of Evidence: Domestic battery cases often rely on witness testimony or physical evidence. If the evidence is insufficient, contradictory, or improperly obtained, your attorney can argue for the case to be dismissed.
• Violation of Rights: If law enforcement violated your constitutional rights during the arrest or investigation—for example, by conducting an unlawful search or failing to read your rights—this could impact the validity of the charges.

What to Do If Charged with Domestic Battery

If you’re facing domestic battery charges, taking immediate steps can significantly impact your case:

• Stay Silent: Anything you say to law enforcement can and will be used against you in court. Politely decline to answer questions until you’ve spoken with an attorney.
• Follow Protective Orders: If a protective order is issued, comply with all terms, even if you feel it’s unnecessary or unfair. Violating the order can lead to additional charges and complications.
• Contact an Attorney: Legal representation is essential to review evidence, build a defense, and protect your rights.

Contact a Chicago, IL Criminal Defense Attorney

When facing domestic battery charges, you need more than just legal representation—you need someone who will fight tirelessly for your rights. At the Law Offices of Andrew Weisberg, we know how high the stakes are in these cases, and we’re here to provide the support you need during this difficult time.

Attorney Andrew Weisberg has a proven track record in defending domestic battery cases throughout Illinois. He understands the potential consequences you’re up against and uses his knowledge to challenge evidence, question witness credibility, and build a defense that prioritizes your future.

Every case is different, and you deserve a defense attorney who will treat your case with the attention and care it deserves. Contact Andrew Weisberg today at (773) 908-9811 or reach out online to protect your rights and reputation.

Domestic violence is a type of crime that involves gaining power and control over another person. It can occur in intimate relationships, such as marriages and dating relationships, as well as between family members, such as parents and children.

Domestic violence can take various forms. It may include the following acts:

• Physical abuse. This includes hitting, slapping, punching, kicking, strangling, or any other form of physical harm.
• Sexual abuse. This involves forcing or attempting to force sexual activity without consent. This can include rape, unwanted sexual touching, or coercion.
• Stalking. This includes repeatedly following, harassing, or threatening someone, causing them to fear for their safety.
• Verbal abuse. This means using language to harm a person, including yelling, swearing, or making derogatory comments.
• Emotional or psychological abuse. This involves using words, threats, or actions to intimidate, manipulate, or belittle the victim. This includes constant criticism and humiliation.
• Financial abuse. This refers to controlling or restricting access to money, including preventing the victim from working.

Illinois takes domestic violence seriously. The Illinois Domestic Violence Act of 1986 makes it so law enforcement officials must act to protect victims of abuse. If Illinois police have reason to believe that a domestic violence crime has been committed, they are required to do the following:

• Arrest the alleged abuser.
• Help the victim remove personal belongings from their home and transport them to a safe place.
• Inform the victim of any available assistance and their legal rights.
• Complete a police report.

Defenses to Domestic Violence

Defenses to domestic violence charges can vary depending on the specific circumstances of the case as well as the evidence presented. Common defenses include the following:

• Self-defense. The accused may argue that they acted in self-defense, meaning they used reasonable force to protect themselves from the alleged victim’s actions.
• False allegations: The accused may claim that the charges are based on false allegations, often motivated by personal gain or revenge. This is especially common in child custody and divorce disputes.
• Lack of intent. Domestic violence typically requires the intent to cause harm. If the accused can show that the harm was accidental, this could serve as a defense.
• Alibi. The accused may present evidence that shows they were not present at the time of the alleged incident, proving that they could not have committed the act.
• Insufficient evidence. The defense may argue that the prosecution does not have enough evidence to prove beyond a reasonable doubt that domestic violence occurred.

Contact Us Today

Domestic violence encompasses a wide range of physical, mental, and financial abuse. It is a crime that needs to be taken seriously. If you are facing accusations, you must seek legal help immediately.

Do not leave your future up to chance. Contact Chicago criminal defense attorney Andrew M. Weisberg now to help you prepare a solid defense. We are available 24/7 to assist you. Schedule a consultation today by calling (773) 908-9811 or filling out the online form.

A domestic violence conviction in Illinois carries severe consequences that extend far beyond immediate penalties like fines, probation, or jail time. While these short-term penalties are significant, the long-term impacts of a domestic violence conviction can be life-altering, affecting various aspects of your personal and professional life for years to come.

Criminal Record and Employment Challenges in IL

One of the most significant long-term impacts of a domestic violence conviction is the creation of a permanent criminal record. Our state takes domestic violence seriously, and a conviction will appear on your criminal record indefinitely. This can have a profound effect on your ability to secure employment.

Many employers conduct background checks on prospective employees, and a domestic violence conviction can be a major red flag. Jobs that require a clean criminal record, such as positions in education, healthcare, or law enforcement, may be entirely out of reach.

Even in professions that do not explicitly require a clean record, employers may be hesitant to hire someone with a history of violence. This can limit your job opportunities, reduce your earning potential, and create financial instability.

Additionally, if you already have a job, a conviction could lead to termination, especially if your employment contract includes morality clauses or if your job requires a license that may be revoked due to the conviction.

Housing Difficulties

A conviction on a domestic violence charge can also impact your ability to secure housing. Landlords frequently conduct background checks on potential tenants, and a conviction may lead to a denial of your rental application.

Public housing authorities have strict policies regarding criminal records, and a domestic violence conviction could make you ineligible for public housing assistance. This can limit your housing options, forcing you to pay higher rents in less desirable locations or even struggle with housing instability.

Impact on Illinois Child Custody and Visitation Rights

For parents, a domestic violence conviction can have devastating consequences on child custody and visitation rights. Illinois courts prioritize the best interests of the child when making custody decisions, and a history of domestic violence is a significant factor in determining what is best for the child.

A conviction can lead to the loss of custody or severely restricted visitation rights. In some cases, the court may order supervised visitation, requiring a third party to be present during visits with your child.

The impact on your relationship with your child can be profound, leading to emotional distress for both you and your child. Additionally, losing custody can have financial consequences, such as increased child support obligations.

Loss of Firearm Rights

Under federal law, a domestic violence conviction results in the loss of the right to own or possess firearms. This loss is permanent and applies to all firearms, regardless of whether the offense was a misdemeanor or felony.

For individuals who rely on firearms for their professions, such as law enforcement officers or security personnel, this can lead to job loss and an inability to work in certain fields.

Social Stigma and Personal Relationships

Beyond the legal and financial consequences, a domestic violence conviction carries a significant social stigma. Friends, family members, and colleagues may view you differently, leading to strained or broken relationships.

The stigma can also affect your involvement in community activities, volunteer opportunities, and social events. Rebuilding your reputation after a conviction can be an uphill battle, and the emotional toll can be considerable.

Fighting an Illinois Domestic Violence Charge

Having experienced legal representation is crucial when facing a domestic violence charge, as it can significantly impact the outcome of your case. A skilled attorney can help navigate the complexities of the legal system, protect your rights, and develop a strong defense strategy aimed at minimizing the severe long-term consequences of a conviction.

With so much at stake, including your freedom, reputation, and future opportunities, having a knowledgeable lawyer on your side is essential to achieving the best possible outcome.

Domestic violence allegations are serious and can have profound legal and personal consequences. In Chicago, IL, navigating the complexities of legal proceedings and managing public relations becomes crucial for individuals accused of domestic violence.

This blog aims to provide educational insights into the common mistakes people make during such challenging times and offers guidance on effectively navigating these issues without giving explicit advice.

Understanding the Legal Landscape

Chicago, like many other jurisdictions, treats domestic violence cases with utmost seriousness. Legal proceedings in such cases can be intricate and emotionally charged. One common mistake individuals make is underestimating the gravity of the situation.

It’s crucial to recognize that domestic violence charges can lead to severe penalties, including restraining orders, fines, and even imprisonment.

Public Relations Pitfalls

Apart from legal consequences, individuals facing domestic violence allegations often find themselves dealing with public scrutiny. This can be particularly difficult to cope with, especially for those who are falsely accused. Mishandling public relations can exacerbate the situation.

One mistake is engaging in public confrontations or making statements without considering their potential impact. Public opinion matters, and ill-advised actions can adversely affect one’s personal and professional life.

The Importance of Strategic Silence

While it may be tempting to defend oneself publicly, exercising strategic silence is often a wise approach. For instance, prematurely sharing details or attempting to justify actions on social media can be detrimental.

This leads to another common mistake – lack of discretion. Privacy is paramount, and sharing too much information publicly may compromise legal defense strategies. Though it may be difficult, it’s important to only share vague details with close, trusted family or friends. However, full transparency and communication can be and should be shared with your defense attorney.

Building a Strong Defense

Arguably, the most crucial aspect of navigating domestic violence allegations is building a strong defense. Many individuals make the mistake of underestimating the value of legal representation and regret this later on.

Engaging an experienced criminal defense lawyer is imperative. An attorney can provide essential guidance throughout the legal process, ensuring that rights are protected and the case is navigated strategically.

Choosing the Right Legal Counsel

One common mistake is hiring an attorney without the necessary expertise in domestic violence cases. Not all criminal defense lawyers are well-versed in the nuances of these specific situations. Selecting an attorney with a proven track record in handling domestic violence cases is crucial, as they can provide tailored strategies and insights.

Communication with Legal Counsel

Another mistake individuals often make is inadequate communication with their legal counsel. Building a strong defense requires open and honest communication. Failing to provide all relevant information or withholding details may hinder the attorney’s ability to develop an effective strategy. Establishing a transparent relationship with legal counsel is vital for a successful defense.

Understanding Restraining Orders

Domestic violence cases often involve restraining orders, and individuals may make the mistake of underestimating their impact. Violating a restraining order can lead to severe consequences, including additional charges and complications in the legal process.

Understanding the terms and restrictions of any issued restraining order is crucial for avoiding further legal complications.

Documenting Evidence and Witnesses

One oversight in domestic violence cases is neglecting the importance of documenting evidence and identifying potential witnesses. Keeping records of relevant communications, text messages, or other forms of correspondence can be invaluable. Additionally, identifying witnesses who can provide an unbiased account of events can significantly strengthen the defense’s position.

Emotional Intelligence in Legal Proceedings

Emotional intelligence plays a crucial role in navigating legal proceedings. Individuals may make the mistake of allowing emotions to dictate their actions.

Responding impulsively or aggressively during court appearances or legal proceedings can have adverse effects. Maintaining composure and allowing legal counsel to handle interactions is essential.

The Impact of Accusations on Personal and Professional Life

Beyond the legal realm, individuals accused of domestic violence often experience the profound impact of these accusations on their personal and professional lives.

Employment opportunities may be jeopardized, relationships strained, and reputations tarnished. Understanding the broader implications of domestic violence allegations underscores the importance of a robust legal defense and thoughtful public relations strategy.

Building A Defense In Chicago Against Domestic Violence Allegations

Facing domestic violence allegations in Chicago, IL, is an emotionally and legally challenging experience. Understanding common mistakes in legal proceedings and public relations is vital for effective navigation.

Building a solid defense with an experienced criminal defense lawyer, exercising strategic silence, and being mindful of public perception are key elements in successfully overcoming these challenges. By avoiding common pitfalls and adopting a thoughtful approach, individuals can better position themselves for a fair and just resolution to their cases.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Facing domestic violence accusations in Illinois can be an emotionally draining and life-altering experience. Unfortunately, false allegations of domestic violence do happen, and they can have severe consequences on a person’s reputation, relationships, and future.

If you find yourself falsely accused of domestic violence, it is crucial to understand your rights and legal options to mount a strong defense and protect your reputation and your future.

Understand the Gravity of False Allegations

False domestic violence accusations can arise from various situations, such as acrimonious breakups, custody disputes, or personal vendettas. Regardless of the motive behind the false claims, the repercussions can be severe.

Being accused of domestic violence can lead to restraining orders and loss of child custody and can damage your personal and professional reputation. Recognizing the seriousness of these accusations and taking immediate action to defend yourself is essential.

The first step in defending against false domestic violence allegations is to seek the assistance of an experienced domestic violence defense attorney. An attorney with experience in this area of law can provide invaluable guidance and support throughout the legal process. They will review the details of your case, gather evidence, and develop a strong defense strategy tailored to your specific circumstances.

What exactly can you expect from your attorney?

Gather Evidence and Witnesses

In false domestic violence cases, evidence is critical to prove your innocence and undermine the credibility of the accuser’s claims. Collect evidence supporting your version of events, such as text messages, emails, or social media posts contradicting the accusations.

Additionally, identify witnesses who can provide testimony to verify your actions and refute the false allegations.

Document Your Communication

Maintain a detailed record of all communication with the accuser or anyone else involved in the case. This documentation can include phone calls, text messages, and any other interactions related to the accusations.

It is essential to remain respectful and refrain from engaging in any behavior that could be misconstrued as intimidation or harassment.

Comply with Court Orders

If a restraining order is issued against you, it is crucial to comply with the terms outlined in the order. Violating a restraining order can lead to serious legal consequences and weaken your defense against false allegations. It is best to abide by the court’s instructions while your attorney works on your defense.

Conduct a Thorough Investigation

Your attorney will investigate comprehensively to uncover inconsistencies or falsehoods in the accuser’s claims. They will interview witnesses, obtain relevant documents, and scrutinize the accuser’s background to build a robust defense.

Maintain Emotional Resilience

Being falsely accused of domestic violence can take an emotional toll. It is essential to lean on the support of family, friends, or a therapist to help you cope with the stress and anxiety during this challenging time.

False domestic violence accusations in Illinois can devastate every aspect of your life. If you face such false allegations, taking immediate action to protect your rights and reputation is crucial. Seek the counsel of an experienced domestic violence defense attorney who can provide the support and expertise you need to mount a strong defense.

You have the right to defend yourself against false accusations, and the burden of proof lies with the prosecution. With the proper legal representation, thorough investigation, and compelling evidence, you can work towards clearing your name and moving forward with your life. Stay strong, remain composed, and rely on a skilled attorney’s expertise to defend your innocence and safeguard your future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Stalking is a serious issue that affects millions of people worldwide. In Illinois, stalking is considered a crime of domestic violence when committed against a person who is a family or household member of the stalker. In this blog post, we will discuss when stalking is considered a crime of domestic violence in Illinois and what to do if you are being charged with stalking. According to the Illinois Domestic Violence Act of 1986, stalking is defined as engaging in the course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of their family or household members. This course of conduct can include following, monitoring, harassing, threatening, or communicating with the victim, either directly or indirectly. When stalking is committed against a family or household member, it is considered a crime of domestic violence in Illinois. Family or household members can include spouses, former spouses, parents, children, stepchildren, siblings, and individuals who currently or previously have lived together or have a child in common.

What Are The Possible Punishments For Stalking In Illinois?

Stalking charges can have severe consequences, including fines, jail time, and a permanent criminal record. If you are being charged with stalking, it is essential to speak with an experienced criminal defense attorney. A criminal defense attorney can help you understand the charges against you, develop a defense strategy, and represent you in court. It is crucial to take stalking charges seriously, even if you believe the accusations are unfounded. The possible criminal punishments for stalking as domestic violence in Illinois can include:

• Class 4 Felony. If the stalking incident involves no prior convictions for the same or similar offenses, it can be charged as a Class 4 felony. A Class 4 felony in Illinois can carry a prison sentence of one to three years and fines of up to $25,000.
• Class 3 Felony. If the stalking incident involves a prior conviction for the same offense or any similar offenses, or if it is committed in violation of an order of protection or restraining order, it can be charged as a Class 3 felony. A Class 3 felony in Illinois can carry a prison sentence of two to five years and fines of up to $25,000.
• Aggravated Stalking. If the stalking incident involves any aggravating factors, such as the use of a deadly weapon, it can be charged as aggravated stalking. Aggravated stalking is a Class 3 felony, and the punishments are the same as those for a Class 3 felony.
• Supervision. In some cases, the court may impose a supervision sentence. Supervision is a form of probation where the offender must follow certain conditions, such as completing counseling or community service and avoiding further criminal activity.

It’s important to note that the punishments for stalking as domestic violence can vary depending on the case’s specific circumstances and the judge’s discretion. The victim may also seek a civil restraining order or order of protection against the offender, which can impose additional restrictions and consequences.

What Do I Do If I Am Charged With Stalking In Illinois?

If you are being charged with stalking, gathering evidence to support your defense is essential. This evidence can include the following:

• Witness statements
• Surveillance footage
• Text messages
• Other communication records.

Your criminal defense attorney can help you identify and collect this evidence. To prove stalking in a domestic violence case, the prosecution must show that the defendant engaged in a course of conduct directed at the victim that would cause a reasonable person to fear for their safety. The prosecution must also show that the defendant knew or should have known that their behavior would cause the victim to fear for their safety.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As far as the state of Illinois is concerned, the family unit needs to be protected. Therefore, when violence erupts between people who share a particular relationship in the state, it’s a crime that is taken very seriously.

Domestic violence is an issue that the state of Illinois has enacted laws in an attempt to curb its occurrence. Being found guilty once of a crime of domestic violence can cause you legal problems, but continuing to have issues in the domestic violence arena can get you labeled as a repeat offender and make the penalties much more serious.

If you’re looking at new domestic violence charges in Illinois this year, then there are a few things you need to understand. After all, your future is on the line.

What Is Domestic Violence in Illinois?

It may seem as if domestic violence is easy to define, but the truth is that it’s a crime that differs legally depending on where you live. In Illinois, domestic violence occurs when a specific type of crime is perpetrated against someone who is a member of your household or family member.

Who counts as a member of your household or family? The state clearly defines those members as:

• Someone you have been married to or are currently married to
• Someone you are related to by marriage or by blood, such as a stepchild, parent, or child
• Someone you have shared or currently share a home with
• Someone you share a child with
• Someone you have dated or are currently dating
• Someone with a disability and the person who cares for them

Any crime can be categorized as domestic violence if the victim of that crime is in one of the above categories.

Domestic Battery in Illinois

One of the most common crimes of domestic violence is domestic battery. It occurs when perpetrated when one person causes bodily harm intentionally to a person in the household or family. It includes making physical contact with someone in a way that is provoking or insulting.

Repeat Domestic Violence Offenses

Domestic battery is an excellent example of how repeat offenses of the crime can result in a harsher sentence. The first time someone gets convicted of domestic battery, they face penalties for a Class A misdemeanor, which includes a sentence of no more than a year in jail and a fine of $2,500.

However, in cases where the perpetrator has been previously convicted of domestic battery or violating an order of protection in the state, they face a Class 4 felony. A Class 4 felony can result in a sentence of up to six years and fines of as much as $25,000.

It is why anyone facing charges for a crime of domestic violence in the state needs to take it seriously. A previous conviction for a domestic violence crime on your record can set you up for more severe charges and penalties.

If you’re facing domestic violence charges in Illinois, you need an attorney to help you defend yourself against these charges. Don’t delay finding someone to represent you and ensure your rights are upheld now and in the future.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Many people think they understand what domestic violence, and domestic abuse, are. The truth is that no two situations involving domestic violence and domestic abuse are identical, since this type of crime can take many forms.

In the state of Illinois, domestic abuse is a serious matter. Illinois law protects victims and harshly penalizes those who break the law. Yet many people are unclear about what types of actions constitute domestic abuse in the state – and the various ways someone can get charged with this crime.

Here is what you need to know about how Illinois deals with issues involving domestic abuse and the signs that domestic abuse may be taking place – because it’s not always as obvious as you think.

Illinois Domestic Abuse Laws Defined

In Illinois, there is a law called the Illinois Domestic Violence Act. It was passed to crack down on acts of domestic abuse that were taking place, and it lays out the guidelines used by law enforcement and the courts as to what constitutes domestic violence in the state.

Under the law, anyone committing a specific type of action against a specific person can get charged with domestic violence. However, in order for these charges to be brought, the person has to have committed one of the following acts:

• Harassment by text or phone
• Stalking
• Forcing another to do something against their will
• Interfering with a person’s job
• Hitting
• Forcing someone to have sex
• Making threats against someone
• Shoving
• Preventing a person from seeing their children
• Preventing someone from leaving
• Preventing a person who is handicapped from getting needed care
• Forcing a child or someone else to witness the acts of abuse

In order for it to be considered domestic violence, one of the above actions must be taken against someone who is a member of your household or your family. This includes:

• Anyone you’re married to
• Anyone you’ve previously been married to
• Your parents
• Your children
• Your stepchildren
• Anyone you share a child with
• Anyone you have lived with
• Anyone you have had a romantic relationship with
• A person who is disabled and their caregiver

If you commit an act mentioned above against a person who fits into one of these categories, then you can be charged with domestic violence.

What Are the Penalties for Domestic Violence in Illinois?

In most cases, a domestic violence charge will be a Class A misdemeanor. That is punishable by up to 12 months behind bars, probation, and fines. However, if you have a criminal history that involves certain types of crimes, such as aggravated domestic battery, aggravated battery, or attempted murder, you can face a Class 4 felony. If convicted, you can go to prison for up to three years and be fined as much as $25,000.

In cases where a person has three prior domestic battery convictions, they can get charged with a Class 3 felony. This level of a felony can send you to prison for up to five years and make you responsible for fines. With four or more domestic battery convictions on your record, you can get charged with a Class 2 felony, which is punishable by up to seven years in prison and fines.

Signs of Chicago Domestic Violence

There are numerous signs that domestic violence may be occurring in a relationship. In some cases, people may not even realize that the things happening in their relationships with household or family members violate the law, but understanding the signs may help you avoid an escalation that can lead to legal problems.

Domestic violence can result in things like bruises, marks on the neck, or broken bones. However, it can also be emotional, where victims are made to feel they are controlled, making them jumpy, anxious, depressed, or even suicidal. They often grow reserved or distant from their friends and family as well.

Sexual abuse can also fall under the umbrella of domestic violence. Any time someone has unwanted sexual contact or non-consensual sex with a household or family member, it can be considered domestic abuse.

Finally, financial abuse can also be a precursor to more physical abuse as controlling behavior. If a person restricts access to money to make them dependent on them for financial support, or they take a person’s assets or money, then it can lead to more violent behavior down the road.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, there are many different types of violent crimes a person can be charged with, but only certain crimes can be considered domestic violence.

When you commit a crime against someone in your family or household, you may face domestic violence charges – serious criminal charges that can land you behind bars or worse.

The seriousness of domestic violence offenses is precisely why everyone should understand what the law has to say about domestic violence in Illinois. Here are a few things you may not know about domestic violence laws in our state – but you should.

A Specific Relationship Must Exist

You cannot be charged with a crime of domestic violence in Chicago unless you have a specific relationship with the victim. They must be someone:

• You were married to (or still are)
• You were dating (or still are)
• You are related to by blood or marriage
• You share a child with
• You shared or currently share a home with
• Who is elderly or disabled for whom you serve as caregiver

If one of these relationships is present, your charges can include domestic violence. This can increase the penalties if you are found guilty.

Those Convicted of Domestic Violence in Chicago Can Lose Constitutional Rights

In our state, anyone convicted of a domestic violence crime may lose the right to possess a firearm. Under the Second Amendment of the United States Constitution, you have the right to bear arms. However, under the Domestic Violence Offender Gun Ban in Illinois, you cannot own, transport, ship, or use a firearm or ammunition if convicted of a crime of domestic violence.

If you own guns and are convicted of domestic violence, you will be required to surrender them to law enforcement.

Some Illinois Domestic Violence Crimes are Felonies

Some domestic violence crimes, such as domestic battery, are Class A misdemeanors in Illinois. But if you cause the victim permanent disability or disfigurement, great bodily harm, or if strangulation was involved, you can be charged with aggravated domestic battery, a Class 2 felony.

Class 2 felonies can send you to prison for up to seven years, with a minimum sentence of three years.

You Can Be Charged If You Interfere with a Report of Domestic Violence in Chicago

If you interfer with a domestic violence report, you can face separate charges for that act. That means if you commit a crime involving domestic violence and then try to prevent another person knowingly from calling the authorities or calling for medical attention, you can get charged with an additional Class A misdemeanor.

If you are found guilty of this charge, it can send you to jail for an additional year and require you to pay fines of as much as $2,500.

Domestic violence is taken very seriously by the state of Illinois. If you are found guilty of a crime involving domestic violence, it can have an enormous impact on your life going forward. That’s why you should make sure to have an experienced domestic violence attorney on your side.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

It’s not uncommon for a marriage to end in divorce. In most cases that move through the divorce courts of Illinois, the court encourages people to work together to come to agreements on a divorce decree. If an agreement cannot be reached, then the next best route it to settle the divorce in court.

When domestic violence is thrown into the divorce mix, it can make things a whole lot more complicated. That’s because, in cases where domestic violence is present, the court must step in to complete the divorce proceedings.

Here is how domestic violence can have a negative impact on your Illinois divorce proceedings.

Domestic Violence: What Is It?

Every state has its own laws pertaining to domestic violence, how it is prosecuted, and how it can impact legal proceedings like divorce.

In Illinois, the Domestic Violence Act of 1986 defines domestic violence as “an act of abuse that is perpetrated against a member of the family or household.” The abuse can be physical, but, under Illinois law, it can also extend to acts of harassment, intimidation, willful deprivation, or interference with the personal liberty of another.

It’s also important to note that the state of Illinois recognizes that domestic violence doesn’t simply occur between people who are married or involved in a romantic relationship, although that is the biggest focus when discussing divorce and domestic violence.

Under state law, domestic violence can also be perpetrated against parents, children, those with whom you’ve shared a home, and those with whom you share a child.

Illinois Orders of Protection

If domestic violence is present in a marriage, then the victim can seek what is called an “order of protection” in Illinois. This order of protection prohibits the person named as the abuser from:

• Cohabitating if the home is shared
• Contacting the victim
• Having contact with minor children

These orders often present a major roadblock for divorce proceedings if one is issued against one spouse, because it limits contact. This makes it more difficult for the proceedings to occur.

As you can see, if you are subject to an Illinois order of protection, then you need to discuss it with your divorce attorney as soon as possible.

How Can Domestic Violence Impact Divorce?

Aside from complications that occur due to orders of protection, there are other ways that domestic violence can impact a divorce. The two biggest are parenting time and parental responsibilities.

The courts in Illinois will work under the framework of what is best for the children involved in the divorce. This can translate to restrictions on a parent’s access to the children if they are accused or convicted of domestic violence in the marriage. In extreme cases of long-term and pervasive abuse, a court can terminate the parental rights of the parent who is seen as abusive.

This is yet another reason why an experienced attorney is essential in a domestic violence case — not just your divorce case. A conviction for domestic violence in the state can have a far-reaching impact on your future, including how much parenting time and contact you have with your own children.

If you’ve been accused of domestic violence, know your rights and fight back with the help of a skilled attorney.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Protecting your own life is one of humans’ most primal instincts. That’s why people are allowed under the law to protect themselves in certain situations. It is considered self-defense if they perceive their lives are at stake or they could be injured. In some cases, self-defense can stretch beyond your own well-being and branch out into protecting others or even property.

In circumstances where a relationship with a household or family members takes a turn, the lines between defending oneself and crimes such as domestic violence become very blurry. Under these circumstances, it can be difficult to understand the difference between actions that must be taken to ensure your/others’ safety and actions that are too excessive – and constitute a crime.

Here is what you need to know about domestic violence in Illinois and how self-defense works in cases where someone has been accused of domestic violence.

Self-Defense: What Is It?

Self-defense is an action taken by someone to protect themselves. It’s typically constituted by physical force that a person uses to protect themselves from bodily harm purposefully. It cannot be an inappropriate force in the situation – with more aggression or violence than the situation calls for – to be considered self-defense under the law.

Domestic Violence: What Is It?

In Illinois, there are certain actions that, when perpetrated against someone who is a member of your family or household, become an act of domestic violence.

The state considers someone to be a member of the household or family if they are:

• Anyone to whom you have been or are currently married
• Anyone related by blood or marriage, such as stepchildren and parents
• Anyone with whom you have or currently share a home
• Anyone with whom you share a child
• Anyone you have dated or are currently dating
• Those with disabilities and the people who care for them

Domestic violence is a serious problem in Illinois and beyond, which is why it’s taken so seriously by police. You may claim that you were simply trying to defend yourself when the police show up, but the truth is that it takes quite a lot to prove self-defense.

The Keys to Self-Defense

In order to establish self-defense, you must be able to show the key elements of it. These key elements include:

• You reasonably thought you were in danger of imminent harm
• The threat you faced was unlawful
• You had to use force in order to protect yourself
• The force you used didn’t exceed the level of the threat against you

Under the law, the things mentioned above allow you to protect others and yourself, even property, without penalty. But if your actions fall outside these strict parameters, you could face criminal charges, like those associated with domestic violence.

What Counts as an Imminent Threat?

One of the first things you have to understand about self-defense is what an imminent threat is since one of the keys to self-defense is the threat of harm.

Imminent threats are those that are intended to bring you to harm immediately. If it’s not immediate, then it could be argued that you had a chance to call the police or run away before taking defensive action.

What Is Necessary Force?

When you are facing an imminent threat and use force, then it must be justified. That means that the person who was threatening intended to use force that was unlawful against you, and the actions you took were necessary to defend yourself.

If the actions taken against you were not violent, then it’s likely that force may be deemed unnecessary in the situation.

What Is Appropriate Force?

To count as self-defense, the force you use against another can’t be greater than the force they use against you. So, for example, if someone is threatening violence but doesn’t have a weapon, and you use a gun, that could be considered an inappropriate force.

Self-Defense and Domestic Violence

The motivations leading up to the altercation between two people make the difference between an act of self-defense and an act of domestic violence. If it was truly self-defense, then you can use that as a defense in a domestic violence case.

It can be successful as long as you show each element of self-defense. If you cannot show these things as true, you may face penalties for domestic violence charges that can follow you around for life.

Understanding any charges against you and your rights in the situation is vital to your success at beating charges. That’s why you should contact an experienced lawyer to help you with your case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Social media plays a large part in people’s lives today. Platforms such as Instagram, Snapchat, Facebook, TikTok, and Twitter are used by millions of people in order to form and keep connections.

However, because social media has become so ingrained in the everyday lives of so many, it’s vital to understand how it can impact legal cases, including domestic violence. In some scenarios, the pictures or statements posted online can be used against a person who is accused of domestic violence. They may make an already complicated case that much more complex.

Here is what you need to know about domestic violence in Illinois and the ways that social media can impact your domestic violence criminal case.

Illinois Domestic Violence Law

In Illinois, domestic violence can count as a number of different actions taken by a defendant. Acts that involve these types of behaviors can be considered domestic violence if they are perpetrated against someone who is considered a member of the family or household:

Physical Abuse

This can include physical force, such as restraint or confinement, sexual abuse, purposeful and repeated sleep deprivation, and any behavior that is considered to be one that creates a risk of immediate physical harm.

Harassment

This is a type of conduct that causes emotional distress in the victim, such as disturbing them at work or school, repeatedly calling them, following them in public, keeping them under surveillance, threatening confinement or physical force, and hiding a child from them – or even just threatening to do so.

Intimidation

Using intimidation on someone who is dependent is also considered domestic violence. It occurs when a person makes another witness or participate in physical confinement, force, or restraint against another.

Interference with Personal Liberty

When a person threatens to commit or commits physical abuse, intimidates, deprives, or harasses another, then it is domestic violence in Illinois. This can mean depriving someone of food, shelter, or medicine unless they do something they don’t want to do.

Willful Deprivation

When someone purposefully denies a disabled or elderly person medical care, medicine, shelter, or any other assistance they may need, and it puts them at risk for harm, then it is domestic violence.

Who Is a Family or Household Member?

In order for domestic violence to be committed, one of the above acts must be perpetrated against someone who falls under the legal definition of a member of the household or the family. This definition includes:

• Anyone married or who has previously been married
• Anyone who is related to the perpetrator by blood or marriage such as parents, children, and stepchildren
• Anyone who is currently dating or has previously dated
• Anyone who has a child in common
• Anyone who shares a dwelling or who has formerly shared a dwelling
• Anyone who has been or currently is engaged
• Anyone with a disability and their caregiver

Social Media as a Digital Witness

Social media has power, especially when you’re talking about in the context of charges of domestic violence. While it’s a great way to share your life with people you may not see often or connect with others in general, it can really damage a domestic violence case against you. Always remember that anything on your social media pages can be used against you in court as evidence.

You may be thinking that you can just make your pages private and that solves the problem, but be aware that it doesn’t. Social media platforms often will side with law enforcement and provide information that you may view as private during an investigation. Law enforcement often doesn’t require a warrant to get this information, so police can and will look at your social media.

Common Uses of Social Media Evidence

There are several ways that social media posts can be used as ammunition against you in a domestic violence case, including:

• Providing new evidence against you
• Confirming statements by witnesses or the victim
• Finding new witnesses, suspects, or even victims
• Linking together the information they may have that is missing from the case
• Confirming your location during the alleged crime

They do these things through the use of pictures and posts that can confirm where you were, when, and who you were with.

Remember, anything you share on social media is fair game to be used against you. Privacy settings won’t protect you, so it’s important to think about that anytime you do post. Don’t brag about illegal acts on social media, and never communicate about criminal conduct on these platforms.

Domestic violence charges are scary, so understand what can be used against you, and do your best to protect your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Beyond the law, however, if you want to put a stop to domestic violence, then you first have to understand why it occurs. Those who commit crimes of domestic violence in Illinois aren’t monsters – they’re normal people who are driven to commit these crimes for various reasons.

Here is how Illinois defines domestic violence and a few of the factors that have been found to drive people to commit these acts.

Domestic Violence: What Is It?

For a crime to be deemed an act of domestic violence, it must be committed against a person who is considered a household or family member. That includes:

• Anyone you are currently married to or have been married to
• Anyone you are related to by marriage or blood, such as children, stepchildren, and parents
• Anyone who you currently or formerly have shared a home with
• Anyone you share a child with
• Anyone you are dating or engaged to
• Anyone with a disability and their caregiver

The penalties for crimes of domestic violence depend on what the underlying crime is. For example, domestic battery is considered a Class A misdemeanor, which can result in up to 12 months in jail. However, it can be classed as a Class 4 felony in some circumstances when a prior conviction is involved, which can result in a prison sentence of up to six years.

Reasons Behind Domestic Violence

So, what things can drive a person to abuse? In some circumstances, it may be that someone simply is pushed too far, and they react in anger – but what is underlying that anger? After all, people get angry all the time and don’t end up committing crimes.

Many studies have been done to understand why someone perpetrates acts of domestic violence and several underlying causes have been revealed. We’ll go through the findings below.

Mental Health Issues

For many with mental health issues, they seek relief of their symptoms by self-medicating with alcohol or drugs. This leads to drug and alcohol abuse, but the underlying cause is still an untreated mental illness – plus the fact that addiction is a mental illness all its own. Drug and alcohol abuse leads to intoxication, which then dulls inhibitions and makes the person who is under the influence more likely to take actions that lead to domestic violence.

Furthermore, some substances can lead to increased paranoia, which can lead the person committing the act of domestic violence to believe that their victim is out to get them. They believe they are defending themselves.

It’s important to note that, even though self-medicating is something that people use to help ease their symptoms of mental illness, it often makes things even worse. Substance abuse creates a vicious cycle where those who are using are more prone to abusive behavior.

Not all substance abusers are perpetrators of domestic violence, however. In fact, researchers have found that those who are substance abusers also happen to be more likely to become victims of domestic violence. So, as you can see, it’s a complicated issue.

The Behavior is Learned

People tend to model the behavior they’ve been exposed to while growing up and, unfortunately, domestic violence is often a learned behavior. Many who commit domestic violence crimes witnessed them in their own families growing up or were victims themselves. Others may be influenced by pop culture or their peer circle.

If someone witnessed domestic violence growing up and was never shown that the behavior was wrong, then those types of acts will only become normalized for that person. This can lead to future acts of abuse.

Issues with Control

In many cases, domestic violence occurs in an attempt to control another person. The person who is committing the domestic violence feels that they need to exert control over a victim and becomes angry if they lose this control.

For example, victims are held to standards of control by those abusing them. If they fall outside of these expectations, then tactics will be used to make them fall under control again. That can and does end in domestic violence. However, the person committing it justifies the behavior as a way to keep people around them in line – or because they feel threatened.

Social aid exists for those in relationships that involve domestic violence. It’s never too late to reach out for help, and there are many programs out there that can aid someone who is struggling with these issues. If you identify tendencies to commit acts of domestic violence and abuse, then you can reach out for help before you start to experience legal repercussions for the acts.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The Illinois Domestic Violence Act clearly spells out what types of things are considered to be domestic violence in the state. It delineates actions or behaviors that can be prosecuted. A very important step to stop domestic violence is to educate people about it. This includes clarifying what qualifies as domestic violence – what they may be doing and who they may be doing it against that can end in arrest.

Here are some of the behaviors and actions that are associated with domestic violence under Illinois’ Domestic violence Act and the consequences that can be faced if you are found guilty.

What Is Domestic Violence?

In order for actions or behaviors to be considered domestic violence, they must be perpetrated against a certain person – namely, someone who is a member of your household or family.

Illinois law defines those who are household or family members as:

• Anyone to whom you are currently or have been married
• Anyone you are related to by marriage or blood, including children, parents, and stepchildren
• Anyone with whom you currently share or formerly shared a dwelling
• Anyone with whom you have a child
• Anyone you are dating or engaged to
• Anyone with a disability and their caregivers

Actions and Behaviors Considered to Be Domestic Violence

So you understand how it constitutes domestic violence if you perpetuate certain acts against people in your intimate relationship circle. Now it’s time to dig into what types of actions and behaviors the law considers domestic violence.

Physical Abuse

Physical abuse can occur when someone:

• Commits sexual abuse
• Uses restraint, physical force, or confinement against another person
• Purposefully deprives them of sleep or does so repeatedly and unnecessarily
• Any behavior that creates a situation where the victim is at risk of physical harm

Harassment

This occurs when there is conduct that causes emotional distress in the victim. Under the law, several types of behaviors are considered harassment, such as:

• Disturbing someone at their place of work or at school
• Repeatedly calling someone at work or at school
• Routinely following someone into public places
• Keeping a person habitually under surveillance by taking up residence outside their home, where they work, at school, or anywhere else they may be – this includes staying in your car and watching them at these locations
• Threatening to confine, restrain, or use physical force against them
• Hiding your child improperly from the other parent or threatening to do so – or an actual attempt to remove, hide, or kidnap a child

Willful Deprivation

This occurs when you purposefully deny a disabled or elderly person medication, shelter, food, or medical care that they need, and it puts them at risk of mental, emotional, or physical harm.

Intimidation of a Dependent

This occurs when someone makes another person witness or participate in physical force, confinement, or restrains against another.

Interference with Personal Liberty

This occurs when someone commits or threatens to commit harassment, deprivation, intimidation, or physical abuse as a way of forcing a victim to do something they don’t want to do.

If you are found guilty of crimes of domestic violence, then you can be sentenced to jail or probation. The length of your sentence will depend on what was perpetrated, but you may also be subject to an order of protection that can limit your rights to go near the victim. Note: This can infringe on parenting time.

If you are facing domestic violence charges in Illinois, then make sure to contact an experienced attorney as soon as possible to help protect your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Unfortunately, domestic violence is an issue that affects the lives of many families in America. Domestic violence is a serious issue that can have an impact on many aspects of a person’s life, including pending divorce and child custody.

The state of Illinois wants to protect children from domestic violence situations, especially if it’s occurring during a divorce. They prioritize a child’s safety, and, because of that, it’s vital to know how any domestic violence charges can shape the custody you may be seeking for your children.

Here’s what you need to know about domestic violence in Illinois and how it can affect child custody.

Illinois Domestic Violence Act

The Illinois Domestic Violence Act has been around since the mid-1980s. It provides the legal definition for domestic violence in the state, which is emotional or physical abuse, as well as activities that interfere with a person’s personal liberty. Willful deprivation is also a part of how domestic violence is defined under Illinois statutes.

Victims of domestic violence are not just those that a person is or has been married to, either. Household or family members can include parents, children, or anyone with whom you have been involved in a significant romantic relationship.

Any type of domestic abuse in child custody cases can have a very negative impact. Under the Illinois Domestic Violence Act, any previous domestic abuse that has been directed at a child or adult is considered in cases of custody.

So, if you have a domestic abuse charge in your past, it can have a major bearing on the outcome of child custody for you. In fact, parents of children with a past that involves domestic abuse may be excluded from primary custody of children as a result. Parenting time may be limited as well.

Parenting Time

If there is domestic abuse or domestic violence involved with a child custody case, the court may determine that the person accused of or with previous domestic violence charges should not be in contact with the involved child or children.

In fact, if there has been domestic violence that includes physical violence or emotional trauma, the court may not look too favorably on the defendant’s fitness to care for the child appropriately or keep them safe.

However, the court does start with the premise that cooperation and involvement from both parents are in the best interest of any involved children. So, there is a high bar against the court denying a parent visitation rights. However, they will deny visitation if it is believed that the child’s physical, emotional, or mental health is endangered by visitation.

It’s not uncommon for child visitation that involves domestic violence to garner special orders from the court by which the parties must abide.

For example, they may grant visitation but order that the address of the parent who has custody of the child primarily not be revealed to the other parent – if they feel it endangers their wellbeing. Visitation may have to occur at someone else’s home or at a private or public facility. Supervised visitation may also be ordered by the court.

Domestic violence is serious, and it can really obscure the already complicated matter of child custody when two parents are splitting up. If you are being accused of domestic violence, make sure you understand what that can mean for your child custody case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In our state, there are some crimes that, when committed against a household or family member, are considered a crime of domestic violence. These charges can result in some significant penalties if you are convicted, so it’s important to understand what actions qualify and what can happen if you are found guilty.

Here’s what you need to know about domestic violence laws in Illinois and how a conviction can impact your life.

What Is a Domestic Violence Offense in Illinois?

In order for a crime to be considered domestic violence in Illinois, it must occur between two people who are family members or members of the same household. Under the law, this includes:

• Current spouses
• Former spouses
• Parents
• Children
• Stepchildren
• Anyone related by marriage or blood
• Those who have shared or currently share a home
• Anyone with children in common
• Anyone in an engaged or dating relationship
• Those with disabilities and their caregivers

Sadly, domestic violence incidents are quite widespread in our state. Most years, incidents reported to law enforcement reach six figures — and experts believe that they are hugely underreported.

Illinois Domestic Violence Offenses Reported to Law Enforcements Source: Illinois Uniform Crime Reports 2018

What Types of Crimes Fall under the Banner of Domestic Violence?

According to state statute, there are several types of crimes that are charged as domestic violence in Illinois if they take place between family or household members.

These include:

Domestic Battery

Domestic battery is perpetrated if a person purposefully causes bodily harm to someone in their family or household. It occurs when physical contact in a provoking or offending way occurs.

Domestic battery is a Class A misdemeanor in most circumstances. If the perpetrator has ever been convicted of a crime of domestic violence before or for violating a protective order, then it becomes a Class 4 felony. It can also be a Class 4 felony if the person accused has previously been convicted of a violent crime against someone in their household or family, such as unlawful restraint or kidnapping.

A Class A misdemeanor is punishable in Illinois by up to one year in jail and fines of $2,500. Class 4 felonies can send a person to prison for up to six years and make them responsible for fines up to $25,000.

Aggravated Domestic Battery

Domestic battery can become aggravated domestic battery if there are special factors present during the commission of the crime. If the crime causes permanent disability, disfigurement, or great bodily harm, then aggravated domestic battery will likely be charged. It is also charged in cases of strangulation.

This is a Class 2 felony and there’s a minimum jail sentence of 60 days required for this conviction if the judge decides to offer a conditional discharge or probation. If this is the second or higher conviction for this crime, a minimum of three years in prison will be sentenced.

Interfering with a Report of Domestic Violence

Not only is it against the law to commit a crime of domestic violence, it’s also against the law to take steps to prevent it from being reported to the police. If anyone prevents or tries to prevent a victim or witness from contacting emergency services, or attempts to prevent the victim from getting medical help, then they are guilty of this crime.

It is a Class A misdemeanor.

What Is a Protective Order?

In the state of Illinois, a person can ask the court to issue a protective order to gain some protection from an abusive household or family member. The person who the protective order is filed against can petition the court to contest it, but if it’s granted then it can last up to two years.

Illinois Orders of Protection Filed Cy 2005-2017 Source: Administrative Office of the Illinois Courts 2018

Protective orders in the state may include several different provisions, all with the goal of prohibiting the person named in the order from harassing, abusing, or intimidating the individual who filed for the protective order.

This kind of order can also award the use of a residence to a person and require that the named respondent leave the home and stay away from it. Other provisions can be included that address child custody and mandatory counseling and treatment.

The court can also grant emergency orders of protection. In these cases, the person named in the order does not have a chance to contest it in court. In these cases, it’s seen as a danger to the person filing the report for the named respondent to be notified of their efforts to get a protective order.

These types of orders will not include provisions that address issues such as support, counseling, and custody.

What Happens If You Violate a Protective Order?

If the person named in the protective order violates it, they can be charged with both the violation of the order and the crime that violated the order.

Child abduction is also considered a crime that violates a protective order, as is any violation named in the order that pertains to the physical care of a child, their custody, or taking the child out of state without permission.

If a protective order is violated, then it is a Class A misdemeanor, which comes with a maximum sentence of less than one year of imprisonment and a maximum fine of $2500.

If the person named in the protective order has any prior convictions for violating the order, violent crimes such as kidnapping and murder, or domestic battery, then it can be elevated to a Class 4 felony.

Is an Order of Protection a Restraining Order in Illinois?

An order of protection and a restraining order are two separate things. Restraining orders are broader and are meant to keep the person named in them from doing many different types of activities.

You can get a restraining order against your neighbor so they cannot build a fence, for example. It’s not something commonly used in domestic violence cases and is not the same thing as an order of protection.

The Relationship between Firearms and Domestic Violence Convictions

In most cases in Illinois, you must have something called a Firearm Owner’s Identification card to possess or buy ammunition or a firearm. The police can deny an application for a card or revoke a currently held card from anyone who:

• Has been convicted of assault, aggravated assault, battery, or violation of a protective order in the last five years in the state or a similar conviction in another state or jurisdiction
• Has ever had a conviction for domestic battery or aggravated domestic battery in the state or something similar in another state or jurisdiction

Federal Gun Laws

Under federal law, domestic violence protections also prohibit someone who has been convicted of even misdemeanor domestic violence from possessing or purchasing a firearm or ammunition.

If you have a gun and are arrested for a crime of domestic violence, then the state will notify you that you are subject to prohibitions on firearms under federal law. Once that is done, you can either admit to the conviction and be subject to those federal laws or say nothing and force the state to prove their case against you in order to take your firearms and ammunition away.

If you are convicted, then you are required to hand over your card as well as the firearms and ammunition you have in your possession.

Illinois Gun Laws

Under Illinois law, you are required to refrain from having firearms while on probation or conditional discharge if:

• you have a felony conviction or a misdemeanor that involved the threat of or infliction of bodily harm, or
• a misdemeanor of domestic violence.

Anyone in Illinois who is subject to an order of protection or no-contact order also cannot have a Firearms Owner Identification card. If you have one, it will be revoked. If the order of protection is only meant to last one year or less, then the card is suspended and reinstated when the order expires.

In all of these cases, when your card is suspended or revoked, you have to relinquish your firearms and ammunition. You will receive a notice from the state police and you then have 48 hours from then to relinquish your card to local law enforcement or state police and complete a Firearm Disposition Record form.

This form records the make, model, and serial number of your firearms and where the firearm will be during the time span under which you are not legally allowed to have it in your possession.

Defenses to Illinois Domestic Violence Charges

As you can see, domestic violence charges can have a big impact on your life. That’s why it’s in your best interest to work with a skilled attorney to help form the best defense possible in your case.

Remember, everyone is innocent until proven guilty, and it’s the prosecutor’s job to prove beyond a reasonable doubt that you are guilty of the crimes you’ve been accused of. A good defense strategy can help you to cast reasonable doubt and prevent conviction.

While the defense strategy that may work best in your case will be based on the specific circumstances of it, there are some common defense strategies used in cases of domestic violence.

They include:

Actual Innocence

If you didn’t do what you’re being accused of, then this is a solid defense. An experienced attorney will look for evidence that shows you were not the one who inflicted abuse on the victim and did not commit the crime.

Your lawyer will want to know where you were when the incident occurred and if there are any witnesses or alibis that can support your claim.

The Victim Is Not Telling the Truth

It is possible that the circumstances in the case are a fabrication on the part of the victim. In that case, your attorney can look for evidence that the injuries to the victim are not consistent with their story or that what they’re saying isn’t consistent with the police report of the crime.

It Was an Accident

Accidents happen, even in cases of domestic violence. If you were at the scene when the victim was injured and unintentionally caused the injury, this may be a viable defense.

Remember, the crimes associated with domestic violence do have an element of intent – you have to intend to inflict bodily damage on another. If there was no intent, then it’s not domestic violence.

It Was Self Defense

In some situations, the actions taken may have been in self-defense or in the defense of minors at the scene. To help support this, an attorney can look to the police report for admissions by the victim in the case that they were acting in a violent manner, compare the story you’re telling them to the things you told the police, look at your own injures to see if they were defensive and look for inconsistencies in the story.

Investigative Errors

In some cases, the way the police handle the case can be used in your favor. If you weren’t read your rights, if you requested a lawyer but were denied, if you invoked your right to remain silent and were questioned anyway, or if there were ways the investigation was lacking in the case, then those can be used to your advantage in court.

The Victim Has Violent Tendencies

Sometimes, you can commit the crime but have an explanation for why it happened. If there was violent behavior toward you or minors in the household because of the victim’s temper, medical conditions, or their abuse of other household or family members, then your attorney can help to present this evidence to the court.

Can It Be Proven Beyond a Reasonable Doubt?

Remember, the prosecutor must prove beyond a reasonable doubt that you perpetrated the crimes you’ve been accused of. If they cannot do that, then you may be found not guilty.

Of course, an experienced attorney can help this by taking certain actions such as submitting evidence that contradicts the victim’s testimony, pointing out any defensive injuries you may have, or introducing physical evidence from the scene that helps show you didn’t do what you’ve been accused of.

You have rights no matter what you’re accused of. It’s important to understand what they are and use them to help you in any way possible – which is where a good attorney comes into play. Understand the domestic violence charges against you and the case so that you can have the best defense possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When police are called to the scene of two people fighting, there are several possible scenarios that can occur after that point. If the two people live in the same household, there is a chance that the crime of domestic battery can be charged.

When most people think of domestic battery charges, they imagine it’s something that a person can be charged with if they fight with the spouse or significant other – not simply a person that’s your roommate. But the laws surrounding the crime of domestic battery are clear, so it’s something everyone should be aware of.

If you’ve been charged with domestic battery, then it’s important to understand the laws covering it. If you haven’t, it’s equally important to understand what types of actions against certain people can lead to domestic battery charges. Here’s what you need to know.

Domestic Battery: What Is It?

Under Illinois law, domestic battery is defined as:

• Someone intentionally or knowingly causing physical harm to another person
• Making physical contact with someone in a provocative or insulting way.

It differs from battery in that these actions are taken against someone in your family or a household member.

Under the Illinois Domestic Violence Act, a specific group of people is covered by domestic violence laws. The people that you can be charged for domestic battery for taking these actions against include:

• Current Spouse
• Former Spouse
• Anyone you are related to by blood
• Anyone with whom you may co-parent
• A person you currently live with, whether your relationship is romantic or not
• An elderly adult and their caregiver
• A disabled adult and their caregiver
• Anyone with whom you may have previously lived
• Anyone you may be related to through a child
• Your children
• Your stepchildren

The type of actions that can end in domestic violence or domestic battery charge include:

• Physical abuse such as hitting, pushing, or stopping someone from leaving
• Threatening to hurt someone physically
• Forcing someone to take any action they don’t want to do

You can also be charged with aggravated domestic battery if physical harm is perpetrated on another person that disables or disfigures them.

The Penalties for Domestic Battery

If you are charged and convicted of domestic battery in Illinois, then you face some penalties that can have an impact on your life in a major way.

Under Illinois law, domestic battery is a Class A misdemeanor. A conviction can send you to prison for up to 12 months and require you to pay fines of as much as $2,500. It’s also a crime that will go on your criminal record, which can show up during background checks for employment and even loans or housing.

Aggravated domestic battery is a Class 2 felony. If you are convicted, then you can face as many as seven years in prison and be responsible for fines for as much as $25,000.

It’s also important to note that some circumstances can add to the severity of the charge against you when it comes to domestic battery. For instance, if a child was present during the event or there was a restraining order in place against you, then it can lead to more serious charges and penalties. If you have previously been convicted of a felony, then any domestic battery or domestic violence charge against you can be more serious.

Orders of Protection

Another factor related to domestic violence and domestic battery charges: orders of protection. Victims can seek out orders of protection by the court that can prevent you from making contact with them. If you share a home, then you can no longer live there. You will have to find alternative housing while the order of protection is in place.

Orders of protection may also mean that you have to:

• Turn over any guns you own to law enforcement
• Go to counseling
• Take classes about domestic violence at the direction of the court.

Violating a protective order is a crime itself and can lead to separate charges on top of domestic battery charges. If one is taken out against you, it’s important that you follow it.

As you can see, domestic battery is a serious charge with serious consequences. Certainly, people fight, especially people that live together. But it’s in the best interest of everyone involved if conflicts can be solved peacefully without escalating to domestic battery.

If you’ve been charged with domestic battery, then it’s important that you understand the charges against you as well as your rights under the law.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

It can be a surprise for many people when they are made aware they have an order of protection, sometimes called a restraining order, against them.

In many cases involving domestic violence, orders of protection are issued by the judge without the defendant being present. This means that you may have no idea that an order of protection exists against you until you are served with it.

What can you do to fight an Illinois protective order in your domestic violence case? Read on to find out.

What Is an Order of Protection?

Orders of protection are court orders that restrict the contact someone accused of domestic violence can have with a victim. It is only available for those people who are household or family members in cases where domestic violence has been alleged.

An order of protection will prevent the person named from contacting the victim or from sharing a residence with them. The accused must stay a certain distance from those named in the order, which can sometimes even be their own children.

If an order of protection is violated, then that is a crime itself. It can land the named person in jail, facing charges for yet another violation.

Different Types of Orders of Protection

There are several types of orders of protection in Illinois, each with varying lengths and conditions.

Emergency Order of Protection

These are issued at the request of someone who claims that you are a threat to them. It is issued on the day requested. You will not be notified of this type of emergency order, even though it may last up to 21 days.

Interim Order of Protection

After the first court appearance for the matter or after the date of that hearing, respondents can receive an interim order of protection. This type of order can last as many as 30 days and is often issued after an emergency order.

Plenary Order of Protection

This type of order of protection can last for up to two years. After reviewing the facts of a case, a judge can issue this type of order.

What Should You Do?

If you are served with an order of protection, it’s very important to follow the terms laid out in it and to contact an attorney. Any action taken against those named in the order can damage the case against them and lead to further criminal charges.

While an order of protection is in effect, any child support payments must still be made, as well as any fines and spousal support that have been ordered by the court. Temporary custody can be ordered by the court if you fail to follow an order, which can have an impact on any parental responsibility agreement that is in place.

An order of protection hearing will take place, in which you can plead your case and present evidence to the court. At the hearing, the judge will take into account all the evidence presented and decide whether an order of protection should be extended, as well as any temporary support payments.

After a judgment is made, it’s not easy to change an order of protection. That’s why it’s vital that you have the best case laid out for the judge at that time. This will give you the best shot at resolving the situation in your favor.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In the state of Illinois, certain acts of violence are categorized as crimes of domestic violence. When an act of violence is committed against a person in your family or household, then domestic violence laws can apply toward the charges against you, resulting in prison time, fines, and even orders of protection against you.

Being convicted of domestic violence can have a significant impact on your life and impact your rights. That’s why it’s crucial to understand the domestic violence laws in the state and how you and your attorney can defend yourself against domestic violence claims in court.

What Are Domestic Violence Offenses?

A crime can only be classified as one of domestic violence if it fits certain criteria. The victim of the crime must be a household or family member, which the state defines as:

• A former spouse
• A current spouse
• Those related to you by blood or marriage such as parents and children
• Those with whom you have a child in common
• Anyone with whom you are dating or engaged
• Anyone with a disability and their caregivers

Various crimes of domestic violence are commonly charged. They include:

Domestic Battery

This occurs when bodily harm is caused to a member of the household or family or physical contact is made with them in an insulting or confrontational way. This is a Class A misdemeanor in most circumstances, but it can be elevated to a Class 4 felony if the person accused has previous convictions of domestic battery.

Aggravated Domestic Battery

If in the commission of the crime of domestic battery great bodily harm, disfigurement, or permanent disability is caused, then you can be charged with aggravated domestic battery. If strangulation is involved, you may also be charged with this crime.

This is a Class 2 felony. Any sentence handed down if convicted requires the defendant to be incarcerated for at least two months.

If there are any previous aggravated domestic battery convictions in the criminal history of the accused, then the judge has to power to send a person to prison for a minimum of three years.

Defending Against Domestic Violence Charges

If you are charged with domestic violence, then it’s important to engage an attorney to help formulate a defense on your behalf. Make sure your rights are upheld during the court process.

The defense you use depends upon the circumstances of your particular case. In general, these are the types of defenses used in domestic violence cases:

• You are innocent of the crime
• The person accusing you of domestic violence is lying about the incident
• An accident was the reason behind the incident
• You were acting in defense of yourself or your kids
• Domestic violence charges cannot be proved beyond a reasonable doubt
• Your partner’s behavior was the cause of the incident
• Errors in the police investigation

Remember, the success of your defense depends on how much you cooperate with your attorney. You must be honest and upfront about every detail of the incident that led to the charges — perhaps even your relationship before the incident with the victim.

Withholding any important information from an attorney who represents you can make for a very poor outcome for your case. Remember, a conviction for a domestic violence crime will be with you forever.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Many people believe that if they are involved in an incident where charges are filed, then they can play a role in whether or not to press those charges against the defendant – and drop them if they want.

This isn’t always the case in Illinois, especially when it comes to cases involving domestic violence. Domestic violence offenses are complicated, and the laws are meant to help protect those who are victims.

Here’s what you need to know about what constitutes a domestic violence crime in Illinois, the potential penalties that can be faced, and whether or not the victim can ultimately have the charges dropped if they don’t want to pursue it in court.

What Makes an Offense Domestic Violence?

Domestic violence is its own category of offense because of the way it is defined.

In order for an offense to be considered domestic violence, it must be perpetrated against a household member or a member of the family. The law defines these groups as:

• Anyone who is a former or current spouse
• Anyone who is related to the accused as a parent, child, stepchild, or other person related by marriage or blood
• Anyone with whom the accused has a child
• Anyone with whom the accused has formerly shared or currently shares a dwelling
• Anyone who is in a dating relationship with or who is engaged to the accused
• A disabled person and their caregiver(s)

Crimes of Domestic Violence

Domestic violence crimes are charged as either domestic battery or aggravated domestic battery.

Domestic Battery

Domestic battery is defined as causing intentional bodily harm to someone in the household or family by making contact physically with them in an insulting way.

Domestic battery is a Class A misdemeanor in most cases, but it can be elevated to a Class 4 felony if:

• The accused has any prior convictions of domestic battery
• They are violating a protective order
• The accused has a criminal history of committing violent crimes against house members or family such as unlawful restraint, kidnapping, or murder

The penalty for a Class A misdemeanor is up to 12 months in prison and fines of as much as $2,500. If convicted of a Class 4 felony, then the sentence can be as many as six years in prison and fines for as much as $25,000.

Aggravated Domestic Battery

Aggravated domestic battery occurs when the accused causes bodily harm, disfigurement, or permanent disability to the victim. Strangulation while committing an act of domestic battery also elevates the crime to aggravated domestic battery.

This is a Class 2 felony. If found guilty, the defendant must serve at least 60 days in prison, but anyone with a prior history of aggravated domestic battery can be sentenced to a minimum prison sentence of three years.

Can a Victim Have Domestic Violence Charges Dropped?

The simple answer to whether or not a victim can have domestic violence charges dropped in Illinois: no, they cannot.

Illinois operates under a no-drop policy when it comes to charges related to domestic violence. Even if the victim doesn’t want to press charges, the state can still pursue charges against the accused.

There’s no doubt that cases involving domestic violence are emotionally charged and quite complex. Understand the consequences of what can follow in a domestic violence situation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.