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Archive for the ‘Domestic Violence’ Category

False Accusations of Domestic Violence

September 5th, 2019 at 7:14 am

IL defense lawyer, IL defense attorney, Being falsely accused of domestic violence is extremely scary. You are likely confused, emotional, and wondering what to do next. These are all very natural reactions. However, the things you do, and do not do, in the next few days and weeks are important. They can help your case, or result in the prosecution pursuing charges. Below are the three most important things to do when someone has falsely accused you of domestic violence.

Do Not Speak to the Other Party

It is very common for those falsely accused to want to reach out to the other party. This is one of the biggest mistakes made in domestic violence cases. It is crucial you do not speak to your accuser. If there has been an order of protection issued against you, this is a violation that has serious consequences. Even if an order has not been issued, speaking to your accuser can have disastrous consequences. They may use anything you say against you later on, and could even take your words out of context.

Gather Evidence

You may think the other side is busy collecting evidence to prove their case, and that is likely true. However, it is important you start collecting evidence, too. Domestic violence cases often involve little more than both parties telling their side of the story. Judges must determine who they believe, with little evidence to review.

When you have been falsely accused, you know there is no evidence, or that it has been manufactured. This can make it even more frightening, but this can sometimes work in your favor. You can gather evidence to refute any they may present. Evidence you should gather includes texts and emails to prove a history of false allegations, medical records to dispute accusations of injuries, and proof of the accuser’s history of substance abuse.

Speak to Witnesses

Again, due to the fact that there is often very little evidence in domestic violence cases, witness testimony is crucial. Speak to people that are familiar with the relationship and that can testify there has never been any violence, to their knowledge. If there are witnesses that can also testify about false accusations in the past, or the reason for the false accusation, that could also greatly help your case. Judges weigh witness testimony very heavily when making their decisions. They are also more likely to believe your side of the story if others corroborate it.

Contact an Illinois Domestic Violence Attorney Today

Those falsely accused of domestic violence potentially face a long process to clear their name. Do not do it on your own. Too many people think accusations made in the heat of the moment will go away on their own. Too often, they do not. It is crucial you speak to a skilled Rolling Meadows domestic violence attorney as soon as possible. If you have been falsely accused, call the Law Offices of Christopher M. Cosley today at 847-394-3200. We will advise on the next steps to take, ensure your rights are upheld throughout the process, and give you the best chance of success. Contact us today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

What Are Defenses to Domestic Violence in Illinois?

August 21st, 2019 at 9:53 am

IL defense attorney, IL domestic violense attorney Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.

For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.

Self-Defense

Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.

Being Falsely Accused

Arguments in a household can become very heated. Sometimes, they become so heated that one party becomes revengeful and wants to hurt the other person, not physically, but with other consequences. They may call the police and allege domestic violence is taking place. Or, one party may have thought the other was becoming violent when they were not. Again, if the police are called, they may lay domestic violence charges even if the situation had not become violent.

Domestic violence cases are often a case of one person’s word against another’s. These situations tend to happen behind closed doors and with no witnesses. Due to this, it becomes very difficult to determine who is telling the truth. Law enforcement, juries, and judges may automatically favor the victim. For this reason, it is important to raise arguments that contradict the accuser’s story. Perhaps the accused was not even present in the home, or maybe the victim’s story is inconsistent. These arguments raise a good defense in domestic violence cases.

Lack of Proof

In order for the prosecution’s case to be successful, they must present sufficient proof that domestic violence took place. In criminal cases, the prosecution has a very strict burden to prove the defendant guilty beyond a reasonable doubt. Again, because domestic violence often takes place behind closed doors, this is difficult. The victim’s word is not enough to garner a conviction.

Charged with Domestic Violence? Call a Rolling Meadows Criminal Defense Attorney for Help

If you are facing charges of domestic violence, you likely feel as though the situation is hopeless. It is not. There are many defenses available to these charges, and a skilled Rolling Meadows criminal defense attorney can help you determine which one is right for your case. At the Law Offices of Christopher M. Cosley, we know that not every argument is a case of domestic violence, and we are committed to helping those that are innocent retain their freedom. Call us today at 847-394-3200 for your free consultation so we can start reviewing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

What to Expect When Charged with Domestic Violence

April 25th, 2019 at 8:37 pm

Illinois defense attorney, Illinois domestic violence lawyer, Being accused of domestic violence can be terrifying. It is likely that your accuser is someone you love, and there is a possibility you could end up with a criminal record. Not knowing what is going to come next is one of the most frightening aspects of the entire process.

While each domestic violence case is different, there are a few similarities they all share. They all typically begin with a phone call to the police, reporting the domestic violence. It is important for anyone to understand that once this happens, the decision to lay charges does not rest with the alleged victim. When police respond to a 911 call to report domestic violence, they must make an arrest. After the arrest is made, the accused will face a number of hearings and possibly a trial.

The Bond Hearing

When people are accused of committing a crime, they are often able to post bond or bail. This releases them from the police station until they have their first hearing in front of a judge. According to the Illinois Code of Criminal Procedure, however, bond is not possible for those accused of domestic violence. At least, not right away.

Instead, defendants must wait for a bond hearing when they will appear in front of a judge. There is no law that states this must happen right away. Often defendants must wait until the following day, or even until the following Monday if there were arrested during the weekend.

At the hearing, a judge will only determine if the defendant is eligible to post bond, how much it should be, and whether or not to issue a protective order. The judge will consider the defendant’s criminal history and the seriousness of the alleged crime.

When a judge allows the defendant to post bond, they still cannot have any contact with the alleged victim for 48 hours. This remains true even if the alleged victim wishes to see the defendant.

The Status Hearing

The status hearing is held to determine if the case is going to trial. The court will call upon the victim to make an appearance. When the victim fails to appear, this is often enough for the courts to dismiss the case. If the court still wishes to speak to the victim, they will sometimes schedule another status hearing.

There are some cases a judge may decide to take a case to trial even if the victim was not present at the status hearing. These include when the defendant has confessed, or there is substantial evidence against the defendant.

The Trial

If an alleged victim comes forward and wishes to testify, the case will most likely move to trial. A judge will set a trial date, but this does not necessarily mean that the case will go before a jury. At this time, the defendant can ask their attorney to negotiate a plea bargain deal with the prosecution. For those that do not want to take their chances at trial, this option allows the defendant to enter a guilty plea in exchange for a reduced sentence.

Charged with Domestic Violence? Call the Rolling Meadows Criminal Defense Lawyer that Can Help

The process after being charged with domestic violence is a lengthy one, and no one should handle their case alone. An experienced Rolling Meadows criminal defense attorney can help anyone charged build a strong defense and possibly even get all charges dismissed. If you were charged with domestic violence, contact the Law Offices of Christopher M. Cosley at 847-394-3200. Cases involving domestic violence charges move quickly, and there is no time to waste. Call today for your free consultation so we can start reviewing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

Understanding Domestic Battery in Rolling Meadows

January 18th, 2019 at 10:16 pm

domestic -batteryPeople that live in the same house and are in close relationships sometimes fight and argue. Most often these arguments are vocal, with those involved saying things they did not mean before quickly forgiving each other. Sometimes though, these arguments turn into much more. When that happens, and an argument turns violent, it could result in a domestic battery charge.

It is natural for those charged with domestic battery to be confused about the charges. What exactly does a domestic battery charge involve? What penalties could a person be facing? Here domestic battery in Rolling Meadows is broken down, so anyone charged can understand what they are facing, and get the legal help they need.

The Legal Definition of Domestic Battery

Under Illinois statute 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a person in the same household. Making physical contact with another person in the household can also be considered domestic battery if that contact can be considered provoking or insulting in nature.

The statute states that the individuals involved in a domestic battery case must be living in the same household. However, the Illinois Domestic Violence Act defines others that may be involved in a domestic battery case as well. These individuals include:

  • Spouses, including ex-spouses;
  • People in a romantic relationship or that were previously in a romantic relationship;
  • Parents and children, including stepparents and stepchildren;
  • Couples that have a child together;
  • Blood relatives to a child;
  • Current or former roommates; and
  • Adults and their caregiver.

Under this definition, a person can be accused of domestic battery if they engage in acts of physical violence with family members, those they live with, or those they have a close relationship with.

Penalties for Domestic Battery

Domestic battery is considered a Class A misdemeanor. If convicted, a person could be sentenced to up to one year in jail and a fine up to $2,500 for a first offense. Those with previous domestic battery convictions could be charged with a Class 4 felony. This could result in a fine of up to $25,000 and up to three years in jail.

The penalties for a domestic battery charge are severe. Even worse, a domestic battery conviction will remain on a person’s criminal record for the rest of their life. For these reasons, it is crucial that anyone charged with domestic battery understand the defenses that can be used.

Defenses for Domestic Battery

Self-defense is one of the most common defenses used in domestic battery cases. Sometimes arguments become very heated, and one person may try to strike, kick, or otherwise physically injure someone. When this is the case, and the person being injured used reasonable force to defend themselves, it may not be considered domestic battery.

In other cases, a person falsely accuses another person of domestic battery. People sometimes feel resentful or revengeful after a dispute and so, they accuse a person of domestic battery when it simply did not happen. In the best of these instances, a person will often decide to not pursue charges. If the police have already been involved though, that may not be a possibility.

Contact a Rolling Meadows Criminal Defense Lawyer

Domestic battery charges should always be taken very seriously. Being convicted of this crime can result in jail time, high fines, and a permanent criminal record.

If you have been charged with domestic battery, contact the Law Offices of Christopher M. Cosley at 847-394-3200 and speak to a skilled Rolling Meadows criminal defense attorney today. An attorney will review your case, help prepare your defense, and make sure your rights are upheld in court. Call us today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

Defenses for Domestic Violence Charges

June 20th, 2018 at 9:40 am

domestic violence charges, domestic violence defense, Rolling Meadow criminal defense attorneys, mistaken identity, domestic violence allegationsDomestic violence is a major problem across the state. In general, the Illinois Domestic Violence Act provides remedies available to those who might be victims of domestic violence. When appropriate, abusers must face consequences for their actions. However, not everyone charged with domestic violence is guilty.

Overall, while the law is meant to protect victims, some individuals may choose to falsely allege domestic violence in order to advance their agenda. If you have been charged with domestic violence in the state, it is imperative that you fully understand the scope of the crime and how to mount a solid defense.

False Allegations

One of the greatest concerns in domestic violence situations is determining who is telling the truth. Situations can turn into a “he said, she said” battle that is hard to handle. With sympathy usually going to the alleged victim, the best way to prove the allegations are false is to poke holes in that person’s story. If you find inconsistencies and false statements that can be corroborated, it may be easier to prove that the alleged victim is making false accusations. False allegations are often used in child custody cases and divorce to get a more favorable outcome.

Self-Defense

Illinois law justifies the use of force against another when someone reasonably believes that type of conduct is necessary to defend themselves or someone else against another’s imminent use of illegal force. If the alleged victim was also attacking you or otherwise using force, alleging self-defense might be applicable.

Insufficient Proof

A prosecutor must meet his or her burden of proof for a defendant to be convicted of a crime. Providing evidence that prevents the prosecutor from meeting his or her burden of proof is a great strategy to get charges reduced or dropped altogether. In domestic violence proceedings, the prosecutor must prove beyond a reasonable doubt that a defendant is guilty. Beyond a reasonable doubt means that there is no other explanation that can be arrived at from the set of facts of the case.

Mistaken Identity

Along with a defense of false allegations is the defense of mistaken identity. If the alleged victim blamed the wrong person, a defendant can introduce evidence that proves he or she was not even present or responsible for the abuse.

Consent

In very rare circumstances, an alleged victim might have consented to certain activity. In these cases, if you can prove that the alleged victim voluntarily consented, it could serve as a defense.

Let Us Help You Today

If you have been charged with domestic violence, you need an attorney who will advocate for your rights and use every possible defense. It is important to note that while there are defenses available, there is no guarantee that any of these defenses would guarantee acquittal or charges being dropped. While there is no guarantee any given defense will work, The Law Offices of Christopher M. Cosley can ensure you are putting the best foot forward. Our passionate Rolling Meadow criminal defense attorneys possess the skills, knowledge, and experience to achieve the best possible outcome for your circumstances. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=8200000&SeqEnd=9700000

Should I Challenge an Order of Protection?

March 23rd, 2018 at 1:45 pm

order of protection, Rolling Meadows criminal defense attorney, victim rights, emergency order of protection, plenary order of protectionDomestic violence is a serious issue in the United States. In Illinois, victims have remedies and options available to them through the Illinois Domestic Violence Act. One such remedy of this is act is an order of protection, also referred to as a restraining order. The court will grant an order of protection to protect the victim. With any system, though, there are flaws. Orders of protection can be granted inaccurately, severely impacting the life of the accused.

Types of Orders of Protection

Illinois law provides three different types of orders of protection:

  1. Emergency orders. An emergency order is issued, much like it sounds, when there is an emergency. The court does not need to hear testimony from the accused. The accused does not even need to be given notice of the hearing/potential order. These emergency orders last for 21 days. After 21 days there is a hearing in which the accused can attend and respond to the allegations that caused the order.
  2. Plenary orders. A plenary order is issued after there has been a hearing. The accused must be given notice and the opportunity to appear before the judge. A plenary order can last up to two years.
  3. Interim orders. An interim order is issued in between an emergency and plenary order. If there is a gap between the emergency order of protection expiring before there is a full hearing, the court can issue an interim order of protection for up to 30 days.

You’ve Been Served: Now What?

Being served with an order of protection may be a complete shock and surprise to you. However, it is in your best interest to comply with the order. Noncompliance can lead to more serious criminal charges and penalties. There are limited opportunities to challenge the order of protection. Be proactive and contact an experienced attorney as soon as possible.

Challenging the Order of Protection

Not challenging an order of protection can affect your life in the long term. If you are going through a divorce or custody proceeding, the order can affect the outcome of those hearings. If you want to challenge the order, you will file a motion to modify the order. After you file this motion, the court will decide if there should be a hearing. Often, a judge is hesitant to lift or modify an order of protection. This is because of the circumstances in which an order is granted, a judge wants to keep all parties safe.

If you have been served with an order of protection and wish to challenge it, you need a skilled Rolling Meadows criminal defense attorney to help you. The Law Offices of Christopher M. Cosley is duly equipped to fight to get an order lifted or modified. Our legal team has years of experience to investigate the remedies available to you. Contact us for a free consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

How to Fight a Protective Order in Illinois

January 15th, 2018 at 7:40 am

domestic violence, protective order, restraining order, Rolling Meadows criminal defense lawyer, Illinois criminal defenseAn Illinois protective order (also commonly referred to as an “order of protection” or a “restraining order”) is a court ordered civil decree that is designed to prevent future acts of domestic violence from occurring by requiring the individual listed on the order to refrain from engaging in certain enumerated acts (for example, coming within a certain distance of the petitioner, possessing a firearm, harassing, stalking, or intimidating the petitioner, etc.).

If a protective order has been issued against you, it is critical to carefully abide by each provision listed in the order. Failing to do so can land you in a world of legal trouble. To begin, you will have likely committed a Class A misdemeanor and may be sentenced to spend up to one year in jail, and pay a fine of up to $2,500. Therefore, even if you feel that the order of protection that has been issued against you is not justified, it is critical that you abide by its terms and fight the order through the appropriate legal channels.

Fighting an IL Protective Order: The Process

Upon receiving notice that a protective order has been issued against you, there are two options at your disposal; you can either fight the order in court or not. If you choose not to go to court, then you are essentially letting the order stand—the presiding judge will decide the case based solely on evidence presented by your accuser and no one will be there to tell your side of the story.

Alternatively, you can decide to fight the protective order by responding to the court papers that you were served with and telling your side of the story in court. If you decide to take this route, then you will need to progress through the following steps:

  • Step 1 – Read Through Each Document: Start by reading through all of the paperwork that you have been served with and immediately start abiding by each provision contained in the emergency order of protection, if one has been issued against you. Be sure to follow any and all instructions contained in the paperwork that you were served with.
  • Step 2 – Go to Court: When you were served with notice that a protective order petition was filed against you the paperwork that you received indicated the time and place of your court hearing. Go to court as instructed, be sure to arrive early, dress well, and bring your lawyer with you if you have hired one. During the hearing you will have the opportunity to tell your side of the story.
  • Step 3 – Wait for the Court’s Decision: After considering all of the evidence presented the presiding judge will decide whether or not to issue an order of protection against you. The judge may make this decision during the hearing or he or she may take the matter under consideration and inform you of their decision at a later date.

Has a Protective Order Been Issued Against You? Give Us a Call!

If an Illinois protective order has been issued against you, passionate Rolling Meadows criminal defense lawyer Christopher Cosley is available to help. At The Law Offices of Christopher M. Cosley, we understand that domestic violence is an emotionally charged issue and that there are always at least two sides to every story surrounding an allegation of domestic abuse. If you are interested in fighting a protective order that has been issued against you we would be happy to evaluate the circumstances surrounding the order and discuss your legal options with you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

Domestic Violence and Protective Orders in Illinois: A General Overview

October 9th, 2017 at 9:32 am

domestic violence, protective order, restraining orders, Rolling Meadows domestic violence lawyer, domestic batteryProtective orders (also commonly referred to as restraining orders) are civil orders designed to protect alleged domestic violence victims (and sometimes their family members as well) against future abuse. Under the Illinois Domestic Violence Act courts in Illinois are permitted to issue a protective order if any of the following types of domestic violence has likely been perpetrated against the requesting petitioner, or their minor child, by a family or household member:

  • Physical abuse,
  • Harassment,
  • Intimidation of a dependent,
  • Interference with personal liberty, or
  • Willful deprivation.

Who Qualifies as a “Family or Household Member?”

It is important to note that in Illinois a domestic violence protective order can only be issued if the alleged abuser is a family or household member of the petitioner. Code section 750 ILCS 60/103(6) defines “family or household member” as:

  • A former or current spouse,
  • A parent,
  • A child or stepchild,
  • Someone related to the petitioner by blood or marriage (either present or prior),
  • Someone whom the petitioner currently (or formerly) lives with,
  • Someone the petitioner allegedly shares a child in common with,
  • Someone the petitioner shares (or allegedly shares) a blood relationship with through a child,
  • A former or current boyfriend, girlfriend, or fiance, or
  • A disabled petitioner’s personal assistant or caretaker.

What am I Prohibited From Doing if a Protective Order is Issued Against Me?

In Illinois we have three different types of domestic violence protective orders. These include emergency protective orders, interim protective order, and plenary protective orders. The key difference between these orders is the duration for which they can be in effect. Yet while in effect they can all prohibit alleged abusers from engaging in the same actions. It is up to the issuing judge to determine the provisions of a particular protective order but some commonly included provisions are:

  • No harassing, stalking, abusing, or intimidating the petitioner,
  • No contacting the petitioner,
  • No coming within a specified distance of the petitioner, the petitioner’s home, or the petitioner’s place of work, and
  • No possessing firearms.

How Can I Fight a Protective Order?

If you have been served with a protective order, then the first step that you need to take is to stay calm. Do not lash out at the person who served you and definitely do not contact the person who requested a restraining order against you.

What you should do is read through the order and make sure to fully abide by every provision contained in it. Now you are ready to fight the order, if you wish to do so. This can most effectively be accomplished by consulting with a local domestic violence lawyer, although you can technically oppose the order on your own if you like.

In either instance, fighting a protective order generally involves filing a response with the court, gathering evidence in your defense, and appearing in court in order to tell your side of the story.

Consult With a Local Domestic Violence Lawyer

If you have been accused of committing domestic battery or have had a protective order issued against you in Illinois contact The Law Offices of Christopher M. Cosley straight away.

Christopher Cosley is a very well respected Rolling Meadows domestic violence lawyer who has extensive experience defending clients throughout the greater Chicago area. Don’t hesitate to contact the office today for help.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2100&ChapterID=59

The Three Types of Protective Orders Available in Illinois

July 17th, 2017 at 12:13 pm

protective orders, Rolling Meadows criminal defense lawyer, Illinois criminal defense, Illinois protective order, protective order violationIn Illinois, there are three different types of protective orders (also referred to as restraining orders); emergency protective orders, interim protective orders, and plenary protective orders. If a protective order has been filed against you it is important that you understand which type of order you are facing so that you can take the necessary steps to protect your legal rights. Read on to learn about the three types of protective orders available in Illinois and then contact a local order of protection criminal defense lawyer to discuss your legal options.

Emergency Protective Orders

An emergency protective order offers short-term protection to the accuser and can be issued solely based on his or her testimony. Furthermore, under some circumstances an emergency protective order can be issued ex parte, i.e. against you without prior notice. Emergency protective orders are temporary in nature and are designed to be in effect until a full hearing for a more long-term protective order can be held (this usually takes place within 14-21 days).

Interim Protective Orders

In some cases it takes awhile before a full restraining order hearing can be held. When this happens, the court may issue an interim protective order to be in effect from the date on which the accuser’s emergency protective order expires until the full court hearing takes place. Interim protective orders can be in effect for up to 30 days. However, an interim protective order can only be issued against you in Illinois if you have had a chance to make an initial appearance in court and have been properly notified of the date on which your full restraining order hearing will take place.

Plenary Protective Orders

Plenary protective orders are unique because unlike the other types of protective orders that are available in Illinois plenary orders offer long-term protection. Plenary protective orders may last up to two years and, under 750 ILCS 60/220(e), may be renewed an unlimited number of times. However, a court will not issue a plenary protective order until after holding a hearing in which both the accuser and the accused have had a chance to present their cases.

A Protective Order Has Been Filed Against Me, What Should I Do Now?

The circumstances surrounding each protective order are different, so the best thing that you can do is consult with a local criminal defense attorney about the specifics of your case. However, it is generally also advisable to avoid all contact with your accuser (this includes calling or texting them!), attend every hearing that has been scheduled, and fully comply with every provision of the order against you.

Reach Out to Us for Assistance

If you need help opposing an Illinois protective order, or defending yourself against an alleged protective order violation, the experienced Rolling Meadows criminal defense lawyers of The Law Offices of Christopher M. Cosley are here to help. Our firm is located in Rolling Meadows but we are dedicated to defending adults and juveniles throughout the greater Chicago area.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K220

Strangling is Aggravated Domestic Battery in Illinois

April 24th, 2017 at 7:00 am

strangling-Rolling Meadows Domestic Violence Defense Lawyer Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these acts against a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

There is a second tier for domestic battery, referred to as aggravated domestic battery, which covers physically harmful conduct that is committed against a family or household member that is more severe than simple domestic battery.

What is Aggravated Domestic Battery in Illinois?

When the physical violence committed against a family or household member is more serious, then you can be charged with aggravated domestic battery. Specifically, engaging in physical contact with a household or family member with full knowledge that your physical contact will cause great bodily harm, disfigurement, or permanent disability is aggravated domestic battery.

Similarly, strangling a household or family member also constitutes aggravated domestic battery. Strangling involves deliberately impeding the normal breathing of the victim and/or preventing circulation of blood to the brain of the victim by applying pressure to the neck or throat of the victim. It does not matter if the act of strangling was for just a second or for several seconds. Moreover, even just one instance of strangling can be enough to support a conviction. Aggravated domestic battery is a Class 2 felony.

Domestic battery allegations are fairly common in Illinois, and when someone is falsely accused of domestic battery it can be problematic for the individual who stands accused. An angry ex or your current significant other, roommate, or family member might lodge false or exaggerated allegations to the authorities that you engaged in domestic violence against them. It is unfair when these things happen and if you are charged with domestic battery in Illinois, you need to contact an experienced criminal defense lawyer immediately.

Get a Criminal Defense Lawyer on Your Side Now

Please contact a passionate Rolling Meadows domestic violence defense lawyer as soon as you can if you are facing domestic battery or aggravated domestic battery criminal charges. We can help craft a solid defense in your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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