There is no denying that domestic violence is a serious problem in Illinois and across the country. Data shows that more than 40 percent of women and 25 percent of men in Illinois have experienced intimate partner abuse. However, domestic violence advocates believe those numbers are actually higher because many survivors do not report that abuse. However, not every allegation of domestic violence is founded in truth. 

Domestic violence is a crime and perpetrators who are found guilty face significant penalties. In Illinois, domestic violence is a Class A misdemeanor and a conviction can mean up to 12 months in jail, a fine of up to $2,500, and mandatory counseling.

However, just like all criminal charges, a person who is accused has the right to fight the accusations and even avoid a conviction if it can be proven they are not guilty. The following are some of the defense strategies that a skilled criminal defense attorney may use to obtain a not-guilty verdict, a reduction of charges, or a possible dismissal of charges.

Domestic violence is a serious issue that affects millions of people every year. If you have been accused of domestic violence in the State of Illinois, it is important to understand your rights and seek legal counsel. An experienced domestic violence defense attorney can provide invaluable advice and guidance in navigating this difficult situation.

What Is Domestic Violence?

In Illinois, domestic violence is defined as any physical abuse, harassment, or interference with personal liberty between family members or individuals who have had an intimate relationship. Domestic violence is not just physical abuse; it can also include threats, isolation, economic control, and emotional manipulation.

Illinois Laws Regarding Domestic Violence

In most cases, someone arrested for domestic violence will be charged with domestic battery. This charge involves violence or threats of violence against a domestic partner or family member. Specifically, domestic battery is defined by Illinois law as the intentional or knowing causing of bodily harm or physical contact of an insulting or provoking nature. Depending on the severity of the offense and whether any weapons were involved, domestic battery can be charged as a misdemeanor or a felony.

Orders of protection are often considered a family law issue, as they seek to protect individuals from the dangers of domestic violence. However, they can often become much more complicated than that. If you have been the subject of any type of order of protection out against you, you may find yourself in the middle of a criminal investigation.

Understanding the Process

Regardless of the circumstances leading to its issuance, once the court has issued an order of protection, a law enforcement officer will formally serve the order on you. From that point forward, you must obey all of the provisions in the order. If you are currently living in the same household with the alleged victim, you may be ordered to leave the residence and to find another place to live until the order is dismissed or expires.