Defending Clients Facing Domestic Violence Charges In Illinois

Last updated on May 13, 2024

At PGO Law Firm, I recognize the gravity and complexities that clients face when charged with domestic violence. I am here to provide unwavering support and strategic legal representation during this challenging time. I understand that being accused of domestic violence can have far-reaching consequences on your personal and professional lives.

With extensive knowledge of the legal system and a deep commitment to protecting clients’ rights, I will vigorously defend your case, working tirelessly to navigate the complexities of the legal process. You can trust me to provide you with skilled advocacy, tailored strategies and compassionate guidance every step of the way.

What Is Domestic Violence In Illinois?

In Illinois, domestic violence is a range of abusive behaviors between family or household members. The state defines domestic violence as any act of physical abuse, harassment, interference with personal liberty, intimidation of a dependent, willful deprivation or stalking between individuals who have or had a close relationship.

The Illinois Domestic Violence Act defines violence that happens within a range of relationship types, such as spouses and former spouses, parents, children, persons who dated or were engaged, persons who have a child in common and persons with disabilities.

Types Of Domestic Violence Charges In Illinois

In Illinois, domestic violence charges encompass various offenses that involve abusive behavior within family or household relationships. Understanding the different types of domestic violence charges is crucial.

Here are some common charges:

• Domestic battery: This charge involves intentionally causing bodily harm, making physical contact of an insulting or provocative nature or knowingly making physical contact with a family or household member without their consent. Aggravated domestic battery applies when a person causes great bodily harm or permanent disability/disfigurement to a family or household member through intentional acts of violence.
• Violation of an order of protection: Violating a court-issued order of protection, also known as a restraining order, can result in criminal charges. This offense includes contacting, harassing or approaching the protected individual.
• Stalking and harassment: Stalking charges can arise when an individual engages in a pattern of unwanted behaviors, such as following, monitoring, threatening or harassing a family or household member, causing them to fear for their safety. Harassment involves threats, intimidation and unwanted contact.
• Interfering with the reporting of domestic violence: This charge pertains to obstructing or preventing a victim or witness from reporting domestic violence to law enforcement or interfering with their participation in the legal process.

It is important to note that each case is unique, and the specific charges and their penalties may vary depending on the circumstances. Consulting with an experienced Will County domestic violence lawyer is crucial to understanding the charges you may be facing and developing an effective legal defense.

What Are The Penalties For Domestic Violence In Illinois?

The penalties for domestic violence in Illinois vary depending on the offense committed and the severity of the harm caused. It’s important to note that I can provide general information, but specific penalties can vary based on individual cases and the court’s discretion.

Here are some potential penalties for domestic violence offenses in Illinois:

• Prison time: A misdemeanor domestic battery conviction, aggravated domestic battery, violating an order of protection, stalking, harassment and interfering with the reporting of domestic violence can lead to prison sentences ranging from one year to seven.
• Fines: Misdemeanor convictions such as domestic battery, violating an order of protection, harassment and interfering with the reporting of domestic violence can lead to fines of up to $2,500. More serious felony offenses, such as aggravated domestic battery or stalking, can have fines up to $25,000.

Repeated or multiple offenses can result in more severe punishments and consequences. I will take the time to thoroughly examine your criminal history to help you understand your legal options.

Common Defenses To Domestic Violence Charges

When facing domestic violence charges, it is crucial to work closely with an experienced attorney to develop a defense strategy tailored to the specific circumstances of your case. While defenses will vary depending on the facts and evidence involved, there are common defenses that may be used in domestic violence cases.

Common defenses include:

• Self-defense: Self-defense may be a viable defense if you can demonstrate that your actions were in response to a reasonable fear of imminent harm or that you were acting to protect yourself or others from harm.
• Lack of evidence: Challenging the prosecution’s evidence can be an effective defense. This may involve questioning the credibility of witnesses, disputing the accuracy or reliability of evidence or showing inconsistencies in the alleged victim’s statements.
• False accusation: Domestic violence charges may sometimes stem from false or exaggerated accusations. Presenting evidence or witnesses that support your claim of innocence and show the motives or credibility issues of the accuser can be a defense strategy.
• Consent: If you can demonstrate that the alleged victim consented to the actions in question or that there was a reasonable belief of consent, it can serve as a defense against the charges.
• Mistaken identity: In some cases, mistaken identity may be a viable defense if you can provide evidence showing that you were not the person responsible for the alleged domestic violence incident.
• Lack of intent: Arguing that there was no intention to commit a domestic violence offense can be a defense strategy. This may involve demonstrating that any physical contact was accidental or unintentional.

If you can provide evidence or witnesses to establish that you were elsewhere at the time of the alleged incident, it can serve as an alibi defense.

Can The Victim Drop Domestic Violence Charges In Illinois?

In Illinois, the decision to drop domestic violence charges rests with the prosecution rather than the victim. Once charges have been filed, it is ultimately up to the prosecuting attorney to determine whether to proceed with the case or dismiss the charges. This ensures that the legal system takes domestic violence seriously and protects victims, who may be under pressure or afraid to pursue charges.

While a victim cannot directly drop charges, the prosecutor may consider their cooperation and wishes when deciding how to proceed. The victim’s input, safety concerns and willingness to participate in the legal process are factors that the prosecutor may consider when making a decision.

Contact A Will County Domestic Violence Attorney Today

Facing domestic violence charges in Illinois is a serious matter with severe consequences. At PGO Law Firm, I am dedicated to providing exceptional legal representation and unwavering support to clients dealing with such allegations.

I understand the far-reaching impact these accusations can have on your personal and professional lives. With a deep knowledge of the legal system and a commitment to protecting your rights, I will tirelessly defend your case, navigating the complexities of the legal process with skill and determination.

Contact PGO Law Firm today to schedule a free case evaluation at my New Lenox law office. You can get in touch with me by calling 630-912-5051 or by filling out an online contact form.