Domestic Violence - Law Offices of Andrew M. Weisberg

Signs of Domestic Abuse in Illinois

Law Offices of Andrew M. Weisberg — Thu, 29 Sep 2022 17:56:53 GMT

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.

What You Do Not Know About IL Domestic Violence Laws

Law Offices of Andrew M. Weisberg — Fri, 16 Sep 2022 14:17:08 GMT

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.

3 IL Domestic Battery Myths

Law Offices of Andrew M. Weisberg — Thu, 18 Aug 2022 17:03:25 GMT

There are a few issues in the law that are as charged as domestic violence. Cases involving domestic battery can be intense for everyone involved, and being charged with this crime can turn your life inside out. Many people will make assumptions about you based on the charges without truly understanding the circumstances of your case.

Why does this happen? There are a lot of reasons, but one of the biggest is that there are a lot of myths surrounding crimes like domestic battery in Illinois. This crime has taken on a life of its own in a lot of ways in the public consciousness, impacting now only how people perceive it but also how people handle it when they are facing charges.

This is why it’s so important to set the record straight, so people can truly understand what domestic battery is and how it’s prosecuted. Here are three of the biggest myths surrounding Illinois domestic battery that everyone should know the truth behind.

Myth No. 1: Domestic Battery Isn’t Serious

Being charged with domestic battery in the state of Illinois is very serious. The consequences that can result from a conviction can impact your life forever. Sure, you can face up to 12 months behind bars and fines of as much as $2,500, but you may also be required to take classes such as anger management and complete drug and alcohol treatment.

Convictions for crimes, no matter how small, will go on your permanent criminal record as well. Anyone who does a background check on you going forward will see it, including potential landlords or employers. Even loans from banks can be placed in jeopardy if you have a criminal history.

Convictions will alter the course of your life forever, so it’s best to take charges for domestic battery seriously, even if you are innocent.

Myth No. 2: The Victim Can have the Charges Dropped

Domestic battery in the state of Illinois is considered a crime of violence. The state can prosecute you for a crime of violence, even if the victim wants the charges dropped or doesn’t want them pressed against you in the first place.

The only way domestic battery charges can be dropped in the state is if the prosecutor decides they don’t have enough evidence to win a case against you. Even then, there’s no guarantee that they will drop the charges.

Don’t be lulled into a false sense of security thinking that these charges are easy to escape, because they certainly are not due to how serious the state takes them.

Myth No. 3: You Don’t Need a Lawyer

It is true that defending yourself against charges of domestic battery in court can be costly, but that’s no reason to skip out on hiring an experienced attorney to represent you.

You may be under the impression that your side of the story is easy to tell and that your innocence will be apparent to the court, but that’s simply not true. These types of cases are very complex and there are many procedures and rules you must abide by in court that a person who isn’t a lawyer simply doesn’t know about. If you make even a small misstep, it can spell big trouble for your defense.

Hire an experienced domestic battery attorney to represent you. You’ll be glad you did.

IL Domestic Violence: How It Impacts Divorce

Law Offices of Andrew M. Weisberg — Fri, 29 Jul 2022 13:29:30 GMT

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.

Domestic Battery’s Mandatory Minimum Sentencing

Law Offices of Andrew M. Weisberg — Mon, 20 Jun 2022 14:02:27 GMT

The state of Illinois considers certain crimes to be very serious, which has led to the idea of mandatory minimum sentencing for some crimes. Aggravated domestic battery is a crime for which, if convicted, you face a mandatory minimum sentence.

What does that mean? It means you could spend a longer time in prison or jail, especially if you have any prior domestic battery convictions on your criminal record. Read on to find out what Illinois considers to be domestic battery and aggravated domestic battery – and how mandatory minimum sentencing can play a role.

What Is Domestic Battery in Illinois?

In Illinois, domestic battery is perpetrated in the state in one of two ways:

You cause bodily harm to a member of the household or a family member
You make physical contact with a member of the household or family in a way that is provoking or insulting

If either of these things is done intentionally or knowingly, then prosecutors can charge you with domestic battery.

Who Are Members of the Household and Family?

What separates crimes like domestic battery from just battery? It’s who the crime is perpetrated against. For domestic battery and aggravated domestic battery, a member of the household or family includes:

Anyone to whom you are currently or have been married
Anyone you are related to by marriage or blood
Anyone with whom you share a child
Anyone you are dating or have dated in the past
Anyone with whom you share (or have shared) a residence
Anyone with a disability and their caretaker or assistant

Aggravated Domestic Battery in Illinois

In Illinois, aggravated domestic battery occurs when domestic battery is being perpetrated, and great bodily harm or disfigurement is done. It occurs if a person sustains an injury that leads to disability. It is also perpetrated if, at any point, the perpetrator strangles the victim.

Strangling is defined under the law as purposefully blocking another person’s blood circulation or normal breathing by placing pressure on their throat or neck or blocking their nose or mouth. The amount of time a person is strangled doesn’t matter under the law to qualify as an aggravated domestic battery – simply the act of strangling or choking another person is enough to qualify.

Penalties for Domestic Battery and Aggravated Domestic Battery

In Illinois, domestic battery can be a misdemeanor crime or a felony. In most cases, it will be a Class A misdemeanor if it’s your first offense, which can result in a penalty of up to 12 months in jail and fines of as much as $2,500.

If you are found guilty of domestic battery for a second time, you face a Class 4 felony, which can send you to prison for up to three years and make you responsible for fines of as much as $25,000.

If you are found guilty of aggravated domestic battery, it is a Class 2 felony in the state. That can send you to prison for up to seven years.

What About Mandatory Minimum Sentencing?

Since these crimes are subject to mandatory minimum sentencing in Illinois, there is a cutoff for the least amount of time you can spend behind bars for this crime.

For example, if you are convicted for the first time of aggravated domestic battery, you face at least 60 days in jail. However, subsequent convictions for this crime can send you to prison for as many as 14 years, with a sentence of at least three years.

Even a misdemeanor conviction for domestic battery has a mandatory minimum applied to it. Most misdemeanor crimes require people to complete court supervision for a first offense, but under mandatory minimum sentencing, this crime will not be subject to court supervision – you will have to go to jail. Additionally, this crime will go on your permanent criminal record and can never be sealed or expunged.

Defenses

As you can see, mandatory minimum sentencing is a frightening thing to face. That’s why it’s vital to make sure to have an experienced lawyer who can help you formulate a robust defense to help you be found not guilty or represent you if the prosecution offers a plea deal.

Every case is different, but common defenses to domestic battery and aggravated domestic battery charges include:

Self-Defense Due to Imminent Danger

If you believed there was an imminent threat or danger to yourself or someone else, then that can be a good defense.

Self-Defense Due to a Rational Response

A case for self-defense can also be made if you were acting rationally to what you perceived to be a danger.

IL Domestic Battery vs. Aggravated Battery: What’s the Difference?

Law Offices of Andrew M. Weisberg — Thu, 07 Apr 2022 15:52:54 GMT

In the state of Illinois, there are certain actions one can take against household or family members that can land them in legal trouble – namely, domestic battery or aggravated domestic battery charges.

A conviction for either one of these crimes is serious, but what many people don’t understand is the difference is between the two.

What constitutes domestic battery and how is different than aggravated domestic battery? Read on to find out, as well as the consequences that can be faced if you are found guilty of these domestic violence crimes.

What Makes a Crime Domestic Violence?

The first important thing to understand is what renders an offense one of domestic violence. After all, battery and aggravated battery are charged all by themselves – so what has to happen for one of these crimes to be elevated to domestic battery or aggravated domestic battery?

The answer is straightforward: For a crime to be considered one in the domestic violence wheelhouse, it must be perpetrated against someone who qualifies as a member of your household or family. More specifically, this includes:

Someone you’ve been married to or current are married to
Your children, stepchildren, parents, or anyone else related to you by marriage or blood
Those with whom you have shared or currently share a home
Anyone you have a child with
Anyone you are engaged to or dating
Those with disabilities as well as their caregivers

If you commit the crime of battery or aggravated battery against one of the above groups of people, then it is elevated to domestic battery or aggravated domestic battery.

Domestic Battery: What Is It?

Domestic battery occurs when someone causes bodily harm intentionally to a person who is a member of their household or family. It can also be perpetrated when physical contact is made in a provocative or insulting way with someone considered a member of the household or family.

In some cases, domestic battery is a Class A misdemeanor, but it can be elevated to a Class 4 felony if the defendant has a prior history of domestic battery convictions or a history of violating orders for protection. It can also be considered a Class 4 felony if the defendant has a record that includes other violent crimes against members of the household or family, such as

Unlawful restraint
Murder
Kidnapping
Aggravated domestic battery

Penalties for Domestic Battery

If convicted of a Class A misdemeanor, a person can face up to one year in jail and fines of as much as $2,500. Class 4 felony charges can result in up to six years behind bars and fines of up to $25,000 if found guilty.

Aggravated Domestic Battery: What Is It?

Aggravated domestic battery is committed if, during an incident of domestic battery, the defendant causes permanent disfigurement, disability, or great bodily harm to the victim. It can also happen if the victim is strangled during the incidence of domestic battery.

This is a Class 2 felony.

Penalties for Aggravated Domestic Battery

If found guilty of aggravated domestic battery, a person can be sentenced to probation in lieu of jail time for the most part, but a sentence is required by law to include a minimum sentence of 60-day incarceration. If there is one or more prior conviction for aggravated domestic battery on the defendant’s record, then they will spend a minimum of three years incarcerated.

Domestic Violence in IL: Why People Abuse

Law Offices of Andrew M. Weisberg — Thu, 17 Feb 2022 19:58:48 GMT

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.

What Behaviors Can Be Linked to IL Domestic Violence?

Law Offices of Andrew M. Weisberg — Thu, 03 Feb 2022 16:08:26 GMT

Domestic Violence is a crime taken very seriously in Illinois, yet it’s a topic that many people don’t know much about – especially what types of actions and behaviors are considered domestic violence.

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.

What Happens If You Violate an Order of Protection in IL?

Law Offices of Andrew M. Weisberg — Wed, 05 Jan 2022 18:23:27 GMT

Domestic violence is a crime taken very seriously in Illinois. To help protect those who are vulnerable to further domestic violence, orders of protection are often granted by the court. If you are the person named in the order of protection, there is a lot to understand about them, including what can happen to you if you violate it.

Orders of protection can be confusing territory for a lot of people. Here’s what you need to know about the different types of orders of protection that can be granted in Illinois and what can happen if you violate one – including the penalties that may be faced.

Orders of Protection in Illinois

There are three different types of orders of protection someone can get in Illinois. They include:

Emergency

An emergency order of protection protects someone named as the petitioner from harm at the hands of someone else named in the order, called the respondent. This type of protective order immediately goes into effect once approved by the judge.

The most pressing thing to know about emergency orders of protection is that due to the risk of harm, the respondent is not legally required to know about the hearing, so they won’t be present when the order is granted.

Emergency orders of protection last only up to 21 days. When they are granted by the court, a hearing is set for a longer-lasting order that can be attended by the respondent.

Plenary

Plenary orders of protection are issued by judges after a hearing with both the person who applied for the order of protection and the person accused of abuse. If you are accused and made aware of this hearing, you do not have to attend, but beware that if you choose not to attend, the order will be granted and can last for up to two years.

Interim

An interim order of protection is often granted after someone named as an abuser has been served or attempts have been made to serve them with the order. It can last up to 30 days.

How Are Illinois Protective Orders Violated?

There are several things that can be charged as a violation of a protective order, but what exactly depends on the specifics of the order itself.

In general, making contact with the petitioner either in person, by phone, or online is prohibited. Also, often getting within a certain distance of them can violate an order of protection, as well as showing up at their place of work, home, or anywhere else they are.

What Happens If an Order of Protection is Violated in IL?

Violation of a protective order is considered a Class A misdemeanor in most cases. That can mean a sentence of up to 12 months in jail and fines of as much as $2,500 if you are found guilty of violating the order.

You may not get the full 12 months in jail, but many judges are encouraged to put you in jail for a minimum of 24 hours when an order is violated, and then 48 hours for any subsequent violations after that.

If you have an extensive criminal history involving crimes of domestic violence and violations of orders of protection, then you can face a Class 4 felony. That’s why it’s vital to ensure that you have an attorney on your side to help represent you if you are accused of violating an order of protection.

IL Domestic Violence: How It Impacts Child Custody

Law Offices of Andrew M. Weisberg — Thu, 18 Nov 2021 22:14:32 GMT

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.

Fighting With Your Roommate? It Can Lead to IL Domestic Battery

Law Offices of Andrew M. Weisberg — Fri, 08 Oct 2021 16:43:21 GMT

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.

How To Fight an IL Protective Order for Domestic Violence

Law Offices of Andrew M. Weisberg — Fri, 17 Sep 2021 17:37:25 GMT

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.

How To Protect Yourself Against Illinois Domestic Violence Claims

Law Offices of Andrew M. Weisberg — Fri, 20 Aug 2021 14:25:49 GMT

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.

Can Victims of Domestic Violence Drop Charges in Illinois?

Law Offices of Andrew M. Weisberg — Mon, 02 Aug 2021 02:11:04 GMT

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.

Why Did Your Chicago Domestic Violence Charge Rate as a Felony?

Law Offices of Andrew M. Weisberg — Sun, 18 Jul 2021 04:58:16 GMT

Domestic violence is a crime taken very seriously by the authorities in Illinois. Even if you’ve never been convicted of a domestic violence offense before, being charged with it once can have a huge impact on your future — especially if you’re convicted of felony domestic violence.

What is the difference between a misdemeanor and felony domestic violence in the state? It’s an important distinction to be aware of, especially if you’re facing charges.

Here’s what you need to know about domestic violence in Illinois: what it is, how it’s charged, and how you can defend yourself against it.

What Is Domestic Violence?

Domestic violence isn’t simply one type of act. Instead, it’s an umbrella term used to describe crimes, such as battery, that are committed against a household or family members.

Who are household or family members? The law defines them in the context of domestic violence crimes as:

Someone you are currently married to or was married to
Children, stepchildren, parents, or anyone else you are related to by marriage or blood
Someone with whom you share children
Anyone you currently share a home with or have in the past
Anyone, you may be dating or engaged in a romantic relationship with
Caregivers of those with disabilities

Domestic Battery in Illinois

Domestic battery is a common crime of domestic violence prosecuted in Illinois. It occurs when bodily harm is caused to a household or family member by someone else. It can also be perpetrated by acting in a provocative or insulting way to a household or family member.

In most cases, domestic battery is prosecuted as a Class A misdemeanor. But if you have previously engaged in domestic battery against you, or you have violated an order of protection, then you can be prosecuted for a Class 4 felony.

It is also a felony if you’ve committed other acts of domestic violence against someone in your household or family, such as:

Aggravated domestic battery
Unlawful restraint
Murder
Kidnapping
Aggravated battery of an unborn child
Aggravated battery with a firearm
Criminal sexual assault
Aggravated criminal sexual assault
Aggravated battery of a senior citizen
Attempted murder
Aggravated kidnapping
Aggravated unlawful restraint
Aggravated discharge of a firearm

Aggravated domestic battery can be charged as a Class 2 felony as well if great bodily harm is caused to another. This remains the case if they’re permanently disfigured or disabled. Strangulation is also prosecuted as aggravated domestic battery.

What About Interfering with Domestic Violence Reporting

It is also a crime in Illinois to interfere with the report of domestic violence. Actions like preventing a call to the police, getting medical help, or reporting the incident to the authorities are considered interfering with domestic violence reporting. It is a Class A misdemeanor.

The Difference in Domestic Violence Misdemeanors

Misdemeanors involving domestic violence are unlike other misdemeanors in a few important ways. For one, misdemeanors are often eligible for court supervision if it’s a first offense. Domestic violence misdemeanors are not. That’s because court supervision usually doesn’t count as conviction and therefore can later be expunged or sealed.

A domestic violence misdemeanor can never be expunged or sealed from your criminal record. There is also a mandatory minimum sentence for domestic violence misdemeanors.

Penalties for Domestic Violence in Illinois

If you are convicted of a misdemeanor domestic violence charge, such as domestic battery, then it’s a Class A misdemeanor. That is punishable by as many as 12 months in jail and fines of as much as $2,500. You may also be required to complete probation.

For domestic violence charges that are Class 4 felonies, you can face up to three years in prison and be responsible for fines up to $25,000. If you’re charged with a Class 2 felony, then you can spend as many as seven years in prison and be responsible for fines of as much as $25,000 as well.

Anyone convicted of aggravated domestic battery must spend at least 60 consecutive days in jail. Because it’s mandatory, a judge cannot reduce or suspend the sentence by ordering probation.

Additionally, any domestic violence carried out in front of a minor will require the defendant to complete a minimum of 300 hours of community service. You may also have to pay for counseling needed by the minor after the incident.

As you can see, there’s a thin line between a misdemeanor and felony domestic violence charge in Illinois. Both are quite serious and will remain on your record forever. That’s why it’s vital to understand your rights and mount the best defense you can against the charges in court.

IL Supreme Court Rulings Put More “Teeth” in Domestic Violence Law

Law Offices of Andrew M. Weisberg — Sun, 30 May 2021 12:32:14 GMT

Cases of domestic violence play out in complicated fashions. Often, many factors make them difficult to prosecute – and, in truth, they’ve not been prosecuted as extensively as they should in the Illinois court system.

All that may soon change. The Illinois Supreme Court has recognized that courts need to hold more abusers accountable. While they acknowledge the complicated nature of these cases, far too many end in tragedy.

Domestic violence in Illinois is on the rise, and stories of abusers killing are far too common. Since chains of incidents often occur over time, the court sees an apparent need to proactively protect victims from abusers.

Here are the laws and penalties currently associated with domestic violence in Illinois – laws and penalties you should expect to see tightened in the near future.

Domestic Violence in Illinois

Certain actions in Illinois are considered domestic violence. These crimes, perpetrated against household members or those in a family, contain violence in various forms.

The law defines a household or family member as one of the following:

Former or current spouse
Children, stepchildren, parents, or other person related to you by marriage or blood
Those who currently or have formerly lived together
Those who parent a child together
Anyone dating or engaged
A person with a disability and their caregiver

Crimes of Domestic Violence

Several crimes can fall into the domestic violence category. These include:

Domestic Battery

Domestic battery is perpetrated when someone causes intentional bodily harm to a family member or someone in their household.

It may also be defined by physical contact with a household member in a provocative or insulting way.

In Illinois, this crime is a Class A misdemeanor most of the time. They are punishable by as many as 12 months in jail and fines of $2,500.

However, it can be elevated to a Class 4 felony in a few circumstances:

The defendant has previous domestic battery convictions
The defendant violates an active order of protection
The defendant has past convictions of any violent offense against a family member

Class 4 felonies can result in up to six years behind bars and fines as high as $25,000.

Aggravated Domestic Battery

Aggravated domestic battery occurs when the perpetrator causes permanent disability, great bodily harm, or disfigurement. Strangulation can also be charged as aggravated domestic battery.

This offense constitutes a Class 2 felony. Any sentence will require at least 60 days in jail. If previously convicted of aggravated domestic battery, the sentence automatically increases to a minimum of three years in prison.

Interfering with Domestic Violence Reporting

If the defendant tries to prevent someone from flagging domestic violence, like obstructing a phone call to the police, they can be charged with interfering with reporting domestic violence. This is a Class A misdemeanor.

Protective Orders

Protective orders form a common component of domestic violence cases. You can seek a protective order from the court if you experience abuse from a household or family member. Protective orders last up to two years from the date issued.

Orders differ, but for the most part, they prohibit the person named in the protective order from contacting the person who sought the order. If they live together, the prohibited person must vacate and stay away from the residence.

Being found in violation of a protective order can lead to arrest.

The violation is a Class 4 felony if prior protective order breaches mark the defendant’s record, or if they’ve been previously convicted of domestic violence crimes.

Without previous domestic violence crimes or previous protective order violations, it’s a Class A misdemeanor.

Everyone has rights, whether you’re a victim or the person accused of perpetrating domestic violence.

Make sure to understand your rights and any charges filed against you, including protective orders. This will help you stay within the confines of the law as you await court day.

IL Domestic Violence Prosecutions Down, But You Can Still Be Charged

Law Offices of Andrew M. Weisberg — Thu, 01 Apr 2021 15:21:02 GMT

The COVID-19 pandemic has impacted every single aspect of our lives, including how we get along with people in our own household.

According to the Illinois Domestic Violence Hotline, tensions between people quarantined together at home have resulted in more calls to the hotline in 2020. In fact, they report a 16 percent increase in the overall calls compared to the same time in the previous year.

Yet even as calls for help from domestic violence situations skyrocketed, the number of prosecutions for domestic violence declined in 2020, according to the Cook County State Attorney’s Office. In fact, there was a 22 percent decline from 2020 to 2019.

Even so, the state of Illinois does not tolerate domestic violence. If you are prosecuted and found guilty of domestic violence, the charges reflect that seriousness. Here’s what you need to know about domestic violence charges and penalties in Illinois.

What Is Domestic Violence in Illinois?

In the state of Illinois, domestic violence is defined as a family or household member enacting violence toward another family or household member. Under the law, a person is considered a member of the household or family if:

They are a spouse or former spouse.
They are the caregiver of a disabled person.
They are related by marriage or blood, which includes children, stepchildren, and parents.
They are in a romantic relationship, either dating or engaged.
They have a child together.
They share a living space or have shared one in the past.

The Charges Associated with Domestic Violence in Illinois

Several acts can fall under the umbrella of domestic violence in Illinois. The most common that result in domestic violence charges are:

Domestic Battery

This occurs when someone causes intentional bodily harm to another family or household member. It can also be charged if physical contact is made in an insulting or provocative way.

Domestic battery may be charged as a misdemeanor or a felony. It typically increases to a felony charge if the battery occurs in conjunction with:

Use of a firearm
Battery of a child
Sexual assault

A Class 4 felony may also be charged if the defendant has been previously convicted of domestic violence. Conviction on a Class 4 felony can result in up to six years in prison and fines for as much as $25,000.

However, if none of the above apply, the charge will likely fall under Class A misdemeanor. You may serve up to 12 months in jail and be fined as much as $2,500.

Aggravated Domestic Battery

Domestic battery can be charged as an aggravated domestic battery if the victim sustains an injury. Examples that count as “injury” include permanent disability, disfigurement, great bodily harm, or strangulation. This is a Class 2 felony and can be punished by at least 60 days in jail and probation. If there is a history of domestic violence, aggravated battery can result in a minimum three-year sentence.

Domestic violence is a grave charge, so it’s vital to understand your rights if you ever find yourself accused. Consult an experienced attorney to mount a proper defense against charges that could have an impact on the rest of your life.

Police Crack Down After Spike in COVID-19 Domestic Violence Cases

Law Offices of Andrew M. Weisberg — Fri, 08 May 2020 17:16:17 GMT

The COVID-19 shutdown has affected Americans in many ways. Aside from (and possibly due in part to) the financial impact, there have been a number of other unintended side effects of this pandemic.

Across the nation, authorities are seeing a noticeable rise in domestic violence cases being called in. The spike in domestic violence reports is particularly worrisome to police because they believe the actual number of incidents may be far larger and going unreported.

While increased stress in the home is understandable right now, the facts remain the same. In Illinois, domestic violence is a serious charge, and the consequences for a domestic violence conviction can leave you dealing with long term repercussions.

How Does Illinois Define Domestic Violence?

Domestic violence varies from state to state as to whether it is a specific crime or an enhancement to established crimes such as assault.

In the state of Illinois, domestic violence is a specific and separate charge from other crimes. You may be charged when you commit an act of “abuse” upon any member of your household.

Abuse is defined by Illinois law as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.”

For the purposes of the law, household members are defined as:

family members related by blood
Spouses and ex-spouse
people who share or used to share a home
two people who share children regardless of marital status
people who are dating or used to date
individuals with disabilities and their assistants

What Are the Penalties for Domestic Violence in Illinois?

Domestic violence is a serious crime in the state of Illinois. The severity of the charge depends on the factors surrounding the case. If there are previous charges the crime becomes much more severe.

Domestic Battery

Generally speaking, the criminal charge for domestic violence is domestic battery and aggravated domestic battery. Most civil domestic violence cases typically deal with emotional harm caused to a victim.

Domestic battery is a class A misdemeanor in the state of Illinois. The penalty for a class A misdemeanor is a jail sentence of no more than 1 year and/or a fine not to exceed $2,500. Probation and court-mandated counseling may also be required.

If a person has previously been charged with domestic battery, the charge is elevated to a class 4 felony. The punishment for a class 4 felony is between 1 and 3 years in prison and/or a fine not to exceed $25,000.

Aggravated Domestic Battery

The crime of aggravated domestic battery is considered a class 2 felony in Illinois. The penalty for a class 2 felony is between 3 and 7 years in an Illinois state prison and/or a fine not to exceed $25,000. Court-mandated counseling or probation may also be required in certain circumstances.

If a person has a previous aggravated domestic felony conviction, the penalty increases. For multiple offenses, the potential prison sentence increases to no more than 14 years.

Other Consequences of Domestic Violence

Other potential repercussions lie beyond the simple punitive measures of a domestic violence record. You could face a restraining order placed against you, and/or lose certain privileges and rights.

Depending on your line of work, domestic violence and domestic battery charges on your record are often associated with difficulties in finding employment.

If a relationship involves children and winds up in a custody battle, it may also become difficult for the offending party to win a custody dispute with a domestic violence charge, according to newer domestic violence legislation in Illinois.

Domestic Violence Charges in Illinois: Frequently Asked Questions

Law Offices of Andrew M. Weisberg — Sun, 17 Nov 2019 02:32:16 GMT

If you’ve been hit with a domestic violence charge, there are probably many important questions running through your mind…and for good reason.

These charges not only have serious criminal and civil implications but can also permanently damage your reputation.

We’ve put together a guide covering the questions we’re frequently asked regarding domestic violence charges, and what you can do to protect your rights during this trying time.

What Is Domestic Battery According to Illinois Law?

A: Battery is physical harm caused to the victim, or unwanted, insulting or provoking physical contact. For the offense to constitute domestic battery, the victim must be someone with whom you have an intimate or family relationship, including:

Spouse or former spouse
Current or former dating relationship
A parent and child, or stepparent and child
Parents who have a child together
Blood relatives
Current or former roommates
Elderly or disabled adult and caregiver

What Is the Sentence for an Illinois Domestic Violence Conviction?

A: The criminal penalties for domestic violence depend on prior domestic violence convictions and the presence of aggravating factors.

Simple Domestic Battery

Simple domestic battery with no prior offenses or aggravating factors is a Class A misdemeanor, punishable by up to one year of jail time or probation, fine, and possible court-ordered counseling.

Domestic battery is a Class 4 felony if you have at least one prior domestic violence conviction, or under the following alleged circumstances:

You used a firearm
The battery involved a child
The battery involved sexual assault

A Class 4 felony is punishable by 1-3 years of imprisonment, but a prosecutor may ask for a more severe sentence based on your criminal history or Illinois’ sentencing extension laws.

Aggravated Domestic Battery

Aggravated domestic battery occurs if you intentionally caused the alleged victim great physical harm, or the offense resulted in permanent disfigurement or disability. This is a Class 2 felony and is punishable 3-7 years in prison. This can be extended to 14 years if criteria for enhanced sentencing can be met.

Can I Still Be Arrested in IL When the Victim Doesn’t Press Charges?

A: Yes. Domestic violence is a criminal matter, meaning that the arrest and charges are handled by the state, regardless of the alleged victim’s preferences.

If the police were called due to a domestic dispute, you can be arrested and brought up on charges even if the victim asks not to press charges.

What If the Victim Wants to Drop the Charges?

A: It’s actually very common for the alleged victim to change his or her mind, and recant any statements made to police.

However, the court can still move ahead with prosecuting domestic violence charges, even if the victim asks for the charges to be dropped. This is up to the courts, not the victim.

What Other Consequences Can I Expect with an IL Domestic Violence Conviction?

A: If you’re charged with domestic violence, it’s likely that you’ll be issued an order of protection. This places many limitations on what you can and cannot do. Orders of protection can include:

Staying a certain distance from the victim
Not contacting the alleged victim, whether directly or through a third party
If you live with the alleged victim, vacating your dwelling
Temporary forfeit of custody/visitation of children you have with the alleged victim
Requirement to pay child support
Requirement to attend counseling
Firearm possession is prohibited, forcing you to temporarily relinquish any firearms

In most cases, a temporary order of protection is granted by a judge without any trial, meaning that you are unable to give your side of the story.

That being said, a formal hearing will be held to determine if the order should be extended to a permanent order of protection, which occurs within two weeks of the temporary order.

You’ll be allowed to present your side of the story here, but must act fast to retain legal representation and prepare a defense.

How Does an Illinois Domestic Violence Charge Affect my Immigration Status?

A: If you’re an immigrant, you could potentially face deportation for domestic violence charges, particularly if you’re an undocumented immigrant.

This is not always the case, however, and your outcome will depend on the circumstances surrounding the offense and your immigration status.

What Can I Do to Keep from Being Convicted of Domestic Violence in Illinois?

A: If you’re facing domestic violence allegations, you must act quickly and effectively to protect your rights and avoid a conviction and/or issuance of a permanent protective order. This means that you should retain experienced legal representation as soon as possible.

Depending on the circumstances surrounding the alleged offense, there are a number of defense strategies that could be used. Your attorney will be able to craft the best possible defense to help make your case.

Men Aren’t Always the Aggressors in Illinois Domestic Violence Cases

Law Offices of Andrew M. Weisberg — Thu, 12 Sep 2019 12:17:19 GMT

Domestic violence cases are increasing nationwide and are being highlighted in the media as a major problem in society today. In turn, domestic violence has received broader attention from lawmakers — and rightfully so.

There is a hidden epidemic, though: men can also be domestic violence victims.

In fact, the subject of domestic violence against men is recognized so little that many male victims of domestic violence don’t even recognize they are being abused.

Because of these societal norms, in domestic disputes, law enforcement sometimes wrongly assume that the male is the aggressor, leading to false domestic violence allegations.

Below, we share facts about Illinois’ silent epidemic, information regarding what male domestic violence commonly looks like, and what you should do if you are falsely accused of being an aggressor.

Male Domestic Violence Victims: A Silent Epidemic in Illinois

When we consider domestic violence, we often assume that the victims are women. While the statistics for violence against women are horrific, the less-recognized element of this story is that a surprising number of men are victims, too.

One in four adult men in the US will become a domestic violence victim in his lifetime. Men can and do suffer physical, mental and sexual abuse in both heterosexual and same-sex relationships. Many men simply don’t seek help for domestic abuse for fear of appearing to be weak, and instead, choose to suffer in silence.

We believe few things are braver than walking away from an abusive relationship in any scenario. Raising awareness regarding domestic violence against men can also help end stigma.

What Illinois Domestic Violence Against Men Looks Like

Domestic violence against men rarely receives much attention. Even when it does, many people perceive this violence as an isolated incident, and speculate that the man “did something to deserve it.”

Common abusive behavior includes:

Using berating language, insults and name-calling
Preventing the victim from seeing or being close to his friends and family
Threatening to reveal embarrassing personal information or secrets
Controlling or possessive behavior
Controlling the victim’s finances or restricting his spending
Shoving, slapping or striking the victim

In reality, these types of violent acts are not isolated, and are often preceded by actions that may not seem like domestic violence at first, but are in fact a series of abuses against male victims.

False Domestic Violence Allegations in Illinois

When a domestic dispute occurs, we mentioned law enforcement can sometimes wrongly assume that the man is the aggressor. This can lead to false domestic violence charges.

The truth is, the actual abuser often corroborates for the sake of vengeance. The abuser may also make unprovoked false domestic violence allegations for the same reason.

If you are a male domestic violence victim, understand that things move quickly in these cases.

The perceived aggressor is usually issued a temporary restraining order at the time of the arrest, barring him from his home if he cohabitates with his abuser. This type of order also prevents him from seeing any children they have together.

The hearing for a permanent protective order happens shortly thereafter. If issued, the permanent order can have long-term consequences on the victim’s living situation and child custody.

This means that if male domestic violence victims face false allegations, they must act quickly and proactively to set things right. Contact an experienced Illinois domestic violence attorney to ensure you don’t wind up the victim of false allegations, too.