[clickToTweet tweet=”A new program in Chicago is helping city officials crack down on domestic violence crimes.” quote=”A new program in Chicago is helping city officials crack down on domestic violence crimes.”]

The program is revolutionary in the way it involves different authorities—from police officers to women’s shelter employees—and emphasizes quick justice and fast turnarounds. But while this new program is intended to protect victims of domestic violence, it could simultaneously have a reverse effect on the men and women who have been accused of these crimes.

What is the Program?

As the Chicago Sun Times recently reported, the city’s new program seeks to protect victims of domestic violence by stopping abusers before they become habitual offenders. The goal is that this program will decrease the number of full-scale domestic assaults, battery cases, and murders in both the near future and for years to come.

The new program was launched in May 2014 and has only expanded to Chicago’s 3^rd District as of February 2015. Under the program, the following practices have been implemented:

• Domestic violence cases are to be considered a joint effort between the police force, the state attorney’s office, and local advocacy groups; these parties are to work together to bring quick and effective justice.
• Officers have been equipped with smartphones so that they can quickly and easily access an offender’s record and send accident reports back to the station, where they can then be forwarded to local shelters if need be.
• Thorough protocol has been established for officers dealing with victims; officers know exactly how to act as soon as they arrive on scene.
• Through collaboration with local courts, accused individuals may be brought to court within 24 to 48 hours of an arrest.

What are Some of the Risks?

Although Chicago’s new program is designed to be as effective as possible, large-scale operations like this are rarely as successful in practical application as they initially seem. Despite its seeming path to success, this new law could prove to be disastrous.

Some potential and serious problems with Chicago’s new anti-domestic violence program include:

The rush. The most glaring problem with this new program is its emphasis on speed. While time is certainly of the essence in domestic violence situations, so is thoroughness. And it is no secret that attention to detail can sometimes go right out the window when people feel rushed.

If police officers are expected to not only make arrests but also take individuals to court and dole out sentences in less than 48 hours, law enforcement officials might wind up cutting corners. This may lead to insufficient gathering of evidence, which may lead to unfair accusations.

In addition, the emphasis on speed means that defendants are given little to no time to collect their thoughts. With no time to process what is happening, a defendant may be so swept up in the rush and fear of an arrest that he or she may agree to a guilty plea without thinking it through. This could lead to unjust convictions based on inaccurate information.

More zealous prosecutions. This new program—in theory, at least—is truly cutting-edge in terms of how domestic violence cases are handled in the United States. Given this, it is possible that this program could bring national attention to the Chicago police force.

With attention comes expectations, and with expectations may come hasty arrests or overzealous prosecutions. There is nothing wrong with wanting to be the best and trying to go above and beyond the call of duty, but if that drive leads to a fanatical desire to deliver by any means necessary, there could be a problem.

In Chicago, laws against domestic violence have always been strong, but now they may be getting too strong. Law enforcement officials are serious about protecting Chicago’s citizens, but zealous overprotectiveness can certainly have its downsides. Citizens need to be on the lookout for those downsides and be ready to defend themselves if they must.

Do Not Forfeit Your Rights

A domestic violence case can ruin a person’s reputation and can result in years of jail time and thousands of dollars in fines. Don’t risk it.

If you find yourself facing a domestic violence accusation, understand that even if cops are trying to push you through the legal proceedings as quickly as possible, you are still entitled to your rights. You deserve a fair trial, and you can still defend yourself by seeking out and working with a knowledgeable, practiced criminal defense lawyer who gets results.

A domestic violence charge can be a frightening thing to deal with, but do not be intimidated by this new program. Defend yourself by contacting an experienced domestic violence attorney today.

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.

state-by-state basis. For example, 22 states and the District of Columbia have some form of a mandatory arrest law, which means that police must make an arrest if there is probable cause that an act of domestic violence has occurred (in some cases, they will actually arrest both people believed to have been involved in domestic abuse). The success of this type of law has been contested for year, and new evidence even suggests that mandatory arrest does more harm than good for victims.

Illinois does not have mandatory arrest laws for domestic violence, but our state does have a discretionary arrest policy based on the Illinois Domestic Violence Act of 1986.

What the Domestic Violence Act Means for Alleged Perpetrators and Victims

The Illinois Domestic Violence Act of 1986 was enacted as domestic violence gradually became a more visible and alarming problem in our state, and it is designed to protect victims of domestic abuse. Police officers are required to take all reasonable steps to prevent future acts of domestic violence, which can include:

• Arresting a perpetrator and completing a police report if there is sufficient evidence that an act of domestic violence occurred.
• Taking the victim to a medical facility if he or she is injured.
• Taking the victim or arranging transportation to a safe place such as a shelter or relative’s home.
• Removing firearms or other weapons from the home.
• Explaining to the victim that they have the right to an order of protection (a restraining order).

What Evidence is Needed to Make an Domestic Violence Arrest in Illinois?

The police do not necessarily need the admission of the alleged victim that domestic violence occurred in order to make an arrest. The reasoning behind this is that a victim may be scared the perpetrator will retaliate if they make an accusation, may want to protect the perpetrator because they believe the situation will improve or isn’t as bad as it seems, or do not want the perpetrator to be arrested for economic reasons (the perpetrator might be the family’s sole or primary breadwinner, for example). In fact, many domestic violence cases involve alleged victims who refuse to cooperate with the prosecution.

Because of this, not only do the police not need to have heard an admission from the alleged victim that domestic violence occurred, they also don’t have to witness the incident or find any evidence of physical harm. Why? Because domestic violence in our state also encompasses things like verbal threats and destruction of property. The only basis the police need for an arrest is probable cause that domestic violence occurred, which can be anything from a neighbor calling the police to the alleged victim dialing 911 in the heat of the moment.

What Should You Do If You Are Arrested for Domestic Violence in Illinois?

If you are arrested and charged with domestic violence in Illinois, you absolutely need to take the charges seriously. Even a misdemeanor conviction for domestic violence can result in a sentence of up to a year in jail and up to $2,500 in fines. Beyond that, people convicted of domestic violence typically experience long-term consequences, including difficulty finding a job, pursuing higher education, and finding housing. A parent who is convicted of domestic violence may also lose custody rights for his or her children.

However, you should also keep in mind that a charge is not the same thing as a conviction, and you have the right to a rigorous defense before the judge makes their decision. Illinois’ domestic violence statute (750 ILCS 60) contains some broad and subjective language that casts a wide net when it comes to domestic violence arrests, but if you have a good domestic violence defense attorney on your side, it may be possible to show that there is insufficient evidence to warrant a conviction. Depending on the circumstances, an attorney may be able to fight for alternative sentencing, or get the charges against you reduced or dropped altogether. It’s therefore in your best interest to contact a criminal lawyer as soon as possible after you are arrested.

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 theft-related crimes and drug crimes.

If you were to poll a random sampling of people about the purpose of prison, you’d probably get a wide range of responses, but one common answer you might hear is “rehabilitation.” In theory, someone serving a prison sentence is “paying their debt to society” and, if released, will get the opportunity to start over again on a law-abiding path. At the very least, it certainly sounds nice.

In reality, though, prison does little to rehabilitate offenders and actually makes it incredibly hard for released inmates to get a fresh start due to a number of structural barriers. These structural barriers don’t just affect former inmates, either; studies and interviews show that experiencing violent prison culture leads to higher rates of domestic violence against wives and partners.

Susan Sered, a professor of sociology at Suffolk University in Boston, recently wrote an article for Salonlooking at ways in which the prison system actually makes domestic violence worse. She cited a number of factors, including the violent culture of prisons, former inmates’ frustration over limited options upon their release, and domestic violence victims’ unwillingness to report abusers for fear that their partner will be sent back to prison (or out of fear that they themselves will suffer unintended negative consequences for reporting domestic violence).

Prison Culture Perpetuates Violence

Prison is certainly not a deterrent for violent behavior, as inmates often feel that they have to present an aggressive front in order to avoid becoming victims themselves. As the Restorative Justice Project of the Midcoast reports, “The showing of feelings may be viewed as a sign of weakness which other inmates may exploit to their advantage.” Engaging in violent behavior and repressing emotions may become defense mechanisms.

Many inmates have a hard time adjusting to life outside of prison upon their release and may carry prison’s culture of violence with them. They may have trouble expressing their emotions and may lash out at the people in their lives, especially their partners and/or children. In fact, one large-scale study from Oregon found that 1 in 4 male former inmates engaged in acts of domestic violence against their female partners within the first several years of their release.

Structural Barriers May Leave Former Inmates Reliant on Partners

When offenders are released from prison, they face a number of obstacles to re-entering society—they must cope with the stigma of being a former felon, they may find it incredibly difficult to find a job in the legal economy due to their criminal record, they will be unable to access public or subsidized housing, and their time in an institutionalized setting may leave them unprepared to adjust to day-to-day life outside of prison. Additionally, they may struggle to pay rent, restitution that is part of their sentence, and child support, if they have children.

As a result, many male former inmates end up relying on wives and girlfriends for housing, money, and general support. This places stress on both parties, which often boils over into anger and acts of violence on the part of the former inmate. Exerting dominance through violence may be the ex-prisoner’s misguided outlet for expressing masculinity and control when he is feeling powerless in other areas of his life.

Domestic Violence Victims Face Unintended Consequences of Reporting Abuse

Domestic violence between ex-prisoners and their female partners often, sadly, goes unreported due to the victim’s fears about what will happen if she speaks up. Because domestic violence is a crime, the abuser could go back to prison if the victim reports them. And the victim could also experience serious, unintended consequences—for example, women in public or subsidized housing risk being evicted and losing government benefits, such as food stamps and welfare, if it comes to light that a former prisoner was staying with them. In some cases, women may even lose custody of their children for harboring a former inmate, even if the ex-prisoner is the children’s father.

With all these factors in play, it’s no surprise that prison sentences perpetuate domestic violence, especially in lower-income households – and lower-income individuals are the people who are disproportionately sent to prison! Because of this, it’s important for courts to consider alternatives to prison whenever possible. For example, mandatory anger management classes or counseling sessions and probation might be a better sentence than prison for some people charged with domestic violence. Our justice system needs to focus on solutions that will lead to higher rates of rehabilitation instead of recidivism and increased physical harm to the partners of former offenders.

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 violent crimes to theft-related crimes and traffic violations.

There are many factors that may influence couples to stay together, even if they’re in a toxic and potentially dangerous situation. Financial dependence, immigration status, fear of making the situation worse, and fear of losing custody over the kids are all potential reasons that often come up in conversations about domestic violence. There is, however, another reason that isn’t always as clearly articulated: the importance our society places on two-parent households.

Although divorce has become a lot more common and widely accepted than it was 50 years ago, there’s still a stigma around single parents, especially single mothers. In fact, a Pew report from 2010 found that 69% of Americans thought single mothers tasked with raising children on their own were bad for society, while 61% said that a child will be happiest if they have both a mother and a father in their life. Our society’s go-to definition of “family” still involves a household with both a mother and father, and that’s making it harder for people in abusive relationships—especially relationships with the parent of their children—to get out of them.

The “Perfect Family” Image Is Bad for Both Partners in an Abusive Relationship

The pressure to present the image of a “perfect family” hurts both sides in a toxic relationship. In some cases, both partners may become verbally or physically abusive and will continue antagonizing one another rather than separating. According to the American Association for Marriage and Family Therapy, marital violence often begins with more minor acts, like pushing and shoving, but builds to more serious incidents if left unchecked. Couples’ fights may escalate until a dispute results in someone calling the police, and one or both of them may be arrested on domestic violence charges as a result.

In other cases, there may allegedly be only one abuser, and the victim ignores early “red flags” because he or she doesn’t want to admit that the relationship isn’t working. In these types of situations, stress may continue building for both people, and the person accused of abuse may react to that compounded stress in a way that they never would if they had gotten out of the relationship earlier. The victim may experience physical and emotional suffering as a result, and the person accused of abuse may face life-altering penalties such as steep fines, a protection order, loss of custody, or even prison time as a result of losing his or her temper in the midst of a bad situation.

No Quick Fix to the “Ideal Family” Problem

The best way to approach the issue of domestic violence in our country is to prevent it from happening in the first place, rather than doling out penalties after the fact. Unfortunately, the stigma surrounding single parenting isn’t going to change overnight, and some couples will continue to stay in unhealthy relationships because of this. However, that’s not to say that we can’t push to change the public perspective over time.

Legislators, police, and social workers need to start emphasizing that the safety of both partners is more important than staying together and trying to mend a broken relationship. If there are no warning signs that violence may escalate, couples may be able to work out their differences through counseling, but if there’s any chance that either partner could be in danger, the focus should be on separating rather than trying to fix the relationship. If lawmakers and even ordinary citizens begin stressing this idea of “safety first” in families, we will hopefully see a decrease in the number of domestic violence cases.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

The first major misunderstanding is that you can only be charged with domestic violence if you cause physical harm to someone you’re in an intimate relationship with. In reality, the state of Illinois can charge you with domestic violence for non-physical, but emotionally intimidating acts such as verbal threats, destruction of property, and stalking. The second major misunderstanding is that only men can be charged with domestic violence. While it’s true that men are more commonly offenders in domestic violence cases, women can also commit acts of violence in an intimate relationship.

The first step to reducing the national rate of domestic abuse is to increase awareness about situations that aren’t commonly considered instances of domestic violence, such as a woman pushing and yelling at her boyfriend. ManKind Initiative, a British non-profit organization that assists male victims of domestic abuse, recently set out to do just that by releasing a powerful public service video.

Video Reveals Double Standard in Attitudes towards Domestic Abuse

In the video from ManKind Initiative, we first see a heterosexual couple arguing in a crowded public place. The man is yelling at his girlfriend and eventually starts pushing her and cornering her against a fence. Several people on the street immediately step up to put a stop to the altercation and tell the man that if he keeps attacking his girlfriend, they’re going to call the police. It’s the kind of reaction that you would hope to see when a public argument turns violent, because most people in our society recognize that it’s wrong for a man to berate and shove his girlfriend. However, the video then goes on show how the public reacts when the gender roles are reversed.

The scene plays out for a second time on a different crowded street with the same couple, but this time it’s the woman who is yelling and pushing her boyfriend. The reaction, this time, is completely different: none of the witnesses steps in to stop the altercation, and some even smile at the sight of a woman physically intimidating her boyfriend.

This second scene raises an important point: because partner violence against men is less publicized than violence against women, our society generally takes it less seriously or even finds it humorous, and we fail to recognize how serious the problem really is. One in seven adult men in the US has reported being victims of intimate partner violence, according to the Centers for Disease Control—and those are just the men who reported it. Because of the gendered and deeply ingrained expectation that men should be “strong and stoic,” there are most likely many other men who have experienced violence but haven’t reported it out of shame or fear. All this is not meant to minimize violence against women. Rather, it aims to draw attention to the fact that domestic violence is something that affects both men and women, and that it’s important for both men and women to recognize signs of domestic abuse. In addition to physical violence, this may include:

• Possessive or jealous behavior (e.g. monitoring a partner’s emails and phone calls)
• Verbal threats (e.g. an aggressor threatening to take the kids or to tell the police that the victim is actually the one committing acts of domestic abuse)
• Destroying the victims’ possessions, such as a TV or car
• Verbal abuse or humiliation in front of friends, family, or coworkers
• Attempts to isolate the victims from their own friends and family
• Making false allegations to the police about the victim’s behavior

Speak Out against All Domestic Violence

Whether you’re a man, a woman, or don’t identify with a gender, it’s important that you get help if you’re in an abusive relationship. Domestic violence shouldn’t be a gendered issue; it should be something that concerns everyone.

It may seem particularly difficult to get help if you’re a man in a heterosexual relationship and you’re worried that your partner will counter any claims you make with the allegation that you’re, in fact, the aggressor. If your partner does try to level false allegations against you, you may need to work with a domestic violence attorney in order to put together a strong case and reveal the truth. Don’t hesitate to contact the Law Offices of Andrew M. Weisberg; together, we can work to raise awareness and fight domestic violence.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

The most recent report of the World Health Organization on the prevalence and health consequences of intimate partner violence (IPV) paints a grim picture of the global situation:

• 35 percent of women worldwide have been the victim of intimate partner violence and/or non-partner intimate violence.
• 30 percent of women who have been in a long-term relationship reported physical and/or sexual abuse by their partner.
• 38 percent of all murders of women are committed by their sexual partner.

In the United States, intimate partner violence affects more than 32 million Americans every year. 4 in 5 victims are women – with most victims belonging to the 18-24 and 25-34 age groups -, but only 1 in 4 report the abuse to the police. 24 people per minute are battered, beaten or sexually abused by their intimate partner, losing 8 million work days per year and costing the economy a staggering $8.3 billion per year in direct and indirect medical expenses. These costs include $6.2 billion for physical assault, $461 million for stalking,$460 million for rape, and $1.2 billion in lost lives.

As statistics by the Centers for Disease Control and Prevention indicate, a significant percent of men (13.8 percent) and women (24.3%) in the U.S. have fallen victims of severe physical violence in their lifetime. Aside from injury and death, the damage and impact of abuselinger long after the bruises are gone.

Health disorders associated with intimate partner violence include respiratory illnesses, cardiovascular disease, irritable bowel syndrome, migraines and chronic pain syndromes, whereas psychological effects of domestic assault can lead to depression, anxiety, paranoia, antisocial behavior, fear of intimacy and inability to trust future partners. Women who have been physically and sexually assaulted are more likely to consider suicide, engage in high-risk sexual behavior or use harmful and illegal substances.

How Doctors Can Help IPV Victims

Health care providers could play a critical role in helping domestic violence victims. They can ensure the victimsreceive the immediate medical care they need, and also assist in collecting thedata necessary to pursue legal action against their attackers and make sure they never strike again.

Over the last years, significant efforts have been made to improve the manner in which the health care community addresses domestic violence issues. Nowadays, doctors’ medical documentation of abuse – if accurate and comprehensive – can be of significant help as evidence in legal proceedings, assisting victims of abuse obtain the legal compensation they seek.

The victim’s criminal defense attorney can use the medical documentation of abuse, in addition to police reports, as evidence for obtaining immediate legal remedies, such as a restraining order, or to ensure that the victim will be able to access public housing, welfare and insurance.

Domestic violence victims lead lives of desperation, pain and constant fear by no fault of their own. Hopefully, through a concerted effort bythe government, together with local authorities and sexual violence support services to increase intervention and prevention training, people of all ages will learn aboutthe debilitating, long-term consequences of domestic abuse and perhaps put an end to it.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.