Posted on March 26, 2025 in Domestic Battery

When most of us think of the term "domestic violence," we usually think of a man abusing a woman. While this may be the most common form of domestic violence, it is far from the only form. Abusive relationships are characterized by physical and verbal abuse, excessive control, and intimidation. Abusers often attempt to normalize these behaviors to maintain power in the relationship, but domestic violence can and does happen in gay and lesbian relationships as well as heterosexual relationships where the woman abuses the man.

Twenty-six percent of gay men have experienced physical violence by an intimate partner. This compares to 29 percent of straight men, so it is nearly as common for a man in a gay relationship to commit domestic violence as it is for a man in a heterosexual relationship. So, the answer to the question of whether a man can go to jail for domestic violence against another man is "absolutely."

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 Posted on March 10, 2025 in Criminal Defense

While there are few state statistics regarding charges for "felon in possession of a firearm," federal statistics show that in 2018, there were 6,719 convictions for this offense. Of those, 97.7 percent were men with an average age of 34. Tennessee, Alabama, and Missouri had the highest rates of felon in possession of firearm charges and convictions.

Illinois has severe penalties in place for a felon in possession of a firearm, charging the criminal offense as either a Class 2, Class 3, or Class X felony, depending on the circumstances. Since each of these offenses can result in significant prison time, it is highly recommended that you speak to a knowledgeable criminal defense attorney. If you have been charged with felon in possession of a firearm, discussing your charges with an experienced Buffalo Grove, IL criminal defense attorney can be beneficial.

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 Posted on February 24, 2025 in Domestic Battery

A recent report from the Illinois Coalition Against Domestic Violence found that domestic violence deaths in Illinois rose by 110 percent in 2023, with 94 incidents of domestic violence that led to 120 deaths. Domestic violence is a broad term that encompasses many different behaviors, while domestic battery is a more specific criminal offense. Both offenses are serious and can lead to harsh penalties.  

Certainly, no one is an advocate for domestic violence, but there are instances when the alleged victim may have made up or exaggerated the incident or both parties were equally to blame for the incident. If you are facing charges of domestic violence or domestic battery, you need an experienced Buffalo Grove, IL criminal defense attorney who can build a strong defense on your behalf.  

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 Posted on February 11, 2025 in Criminal Defense

Individual states may pass their own laws that require permits or licenses to possess or purchase ammunition and firearms. Those living in Illinois must possess a valid Firearm Owner’s Identification card to purchase or own a gun or ammunition. Possession of a weapon without a FOID card can result in weapons charges and serious penalties if convicted. If you have been charged with Possession of a weapon without a FOID card, you should speak to a knowledgeable Barrington, IL criminal defense lawyer.

What You Need to Know About FOID Cards

A person who wants to possess firearms and ammunition lawfully must have a Firearm Owners Identification Card issued by the Illinois State Police. Federal officials, members of a bona fide veteran’s organization, and members of the National Guard or Armed Forces (when engaged in official duties) are exempt from FOID requirements.

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 Posted on January 27, 2025 in Domestic Battery

A report from the Illinois Coalition Against Domestic Violence stated that deaths from domestic violence rose by 110 percent in 2023, including 107 homicides and 13 suicides. Few people would advocate for domestic violence, yet in some cases, the charges for domestic battery may be entirely untrue, or both people could have been equally involved in the altercation.

A conviction for domestic battery can lead to severe legal penalties but can also impact a divorce that is in the works, including the award of spousal support, the division of marital assets, and the allocation of parental responsibilities. It can also affect your current job and your ability to secure employment in the future.

If you are facing charges of domestic battery, whether the charges are true, partly true, or not true at all, it is essential that you speak to a knowledgeable Lake Zurich, IL domestic battery attorney. Your attorney can answer your questions and begin building a solid defense on your behalf.   

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 Posted on January 15, 2025 in Domestic Battery

In 2019, more than two million women and one million men in the state of Illinois reported experiencing domestic violence at some point in their life. Domestic violence is a serious issue that often requires the victim to file an order of protection. Filing an order of protection can be an essential way for a victim of domestic violence to protect himself or herself. Yet there are instances when an order of protection is filed as a means of revenge or retaliation for couples going through difficult times.

If your spouse has filed an order of protection against you, you may be unsure how to respond—or if you should respond at all. Understandably, you are anxious about the outcome and perhaps even angry if you feel you did nothing to warrant a protective order. Now is a time when you must take a step back, remain calm, and speak to an experienced Lake Zurich, IL criminal defense lawyer.

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 Posted on December 26, 2024 in Arlington Heights

The Illinois juvenile justice system has made a conscious shift from a punitive approach to a rehabilitative one over the years. Despite this, youth recidivism remains an issue of concern. Over a three-year period (between 2016 and 2019), 87 percent of juveniles who entered the juvenile justice system were re-arrested. Since that time, the state has worked hard to address the more complex needs of juveniles through individualized, intense programs.

The call in the middle of the night telling a parent that his or her child is accused of committing a juvenile criminal offense is never easy. Teens often make one-time bad decisions that should not affect the rest of their lives.  Most parents are unfamiliar with the juvenile justice system and may be unsure of what steps to take to help their child while safeguarding his or her future. This is a time when a Buffalo Grove, IL juvenile criminal defense attorney can make a significant difference in the outcome of your child’s charges.

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 Posted on December 10, 2024 in Domestic Battery

Witness testimony can significantly affect how your Illinois domestic battery case resolves. The credibility of the allegations and the circumstances surrounding the incident can be put into context when there were witnesses. Unfortunately, allegations of domestic battery often come down to "he said/she said," so if there were witnesses, the judge in the case would definitely want to hear from them.

Since the judge is unlikely to know either party personally when hearing a domestic battery case, the more information he or she has to base a decision on, the better. If you are the person bringing charges of domestic battery or the person defending against those charges, you can benefit from having an experienced Gurnee, IL, domestic battery lawyer from The Law Offices of Matthew R. Gebhardt, P.C..

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 Posted on November 26, 2024 in Domestic Battery

An order of protection in Illinois is a court order that protects one family member or household member from the actions of another. It is governed by the Illinois Domestic Violence Act. The person asking for the order of protection must credibly prove that he or she has been abused by the respondent, although the courts tend to err on the side of caution.

Protecting people from harm is, of course, the right thing to do. Unfortunately, there are times when a person is untruthful as a means of securing an order of protection. This is a concern for those who are falsely accused as well as for those who are truly in need of protection.

The person falsely accused must now hire a criminal defense attorney to defend himself or herself.  If your spouse has lied to obtain an order of protection, what can you do? This is a difficult situation that can benefit from an experienced Lake Zurich, IL criminal defense attorney from The Law Offices of Matthew R. Gebhardt, P.C..

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 Posted on November 12, 2024 in Domestic Battery

If you have been charged with domestic battery – whether or not the charges are true – you could be facing an array of adverse consequences. If you are under a protection order, you will be ordered to have no contact with the alleged victim. But what if the alleged victim is your spouse, and the home you both live in belongs to you?

While there are a number of variables in that scenario, generally speaking, you will be unable to enter your home until your domestic battery charges are resolved or the protection order is modified. If you find yourself unable to return to your home as a result of domestic battery charges and a protection order, it is important to speak to a knowledgeable Arlington Heights, IL criminal defense lawyer from The Law Offices of Matthew R. Gebhardt, P.C..    

How Can the Conditions of My Order of Protection Order Be Lifted Early?

Either party in a protection order case can file a Motion to Modify the protection order or a Motion to Terminate the order. You will appear before a judge, and your attorney will argue on your behalf as to why the protection order should be modified or terminated.

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