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Archive for the ‘Domestic Violence’ Category

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

Domestic Battery Requires a Certain Relationship Between the Accused and the Accuser

February 27th, 2017 at 12:16 pm

domestic battery, Rolling Meadows Criminal Defense LawyerIn Illinois, domestic battery charges are taken very seriously. Just a first time conviction can result in a number of consequences. Possible jail time, a fine, and a criminal record are a few of the more obvious consequences of a domestic battery conviction. However, a conviction can also cause you problems in a child custody battle or when you apply for certain types of employment. Anyone who is facing criminal domestic battery charges needs to seek the help of an experienced criminal defense lawyer as soon as possible.

Victim and Abuser Relations That Warrant Domestic Battery Charges

Domestic battery charges are reserved for alleged abusers and victims that are in a specific domestic relationship with one another. The abuser and the victim must be in a familial relationship or the two must be members of the same household. For instance, battery that occurs between two people in the following relationships constitutes domestic battery:

  • Husband and wife;
  • Boyfriend and girlfriend;
  • Ex spouses;
  • Ex significant others;
  • Two people who share a child;
  • Siblings;
  • A parent and a child or stepchild;
  • An adult grandchild and a grandparent;
  • Anyone related by blood or marriage;
  • Two people living together, such as roommates;
  • Two people who formerly lived together; or
  • People who have disabilities and their caretakers or personal assistance.

Knowingly causing physical harm to someone with whom you share a domestic relationship without legal justification for your actions is domestic battery under Illinois law if you cause the other person bodily harm. It is also considered domestic battery to make physical contact with someone you share a domestic relationship with in a provoking or insulting way. Unjustified pushing, shoving, hitting, or controlling behavior are all types of domestic battery.

Why it is Important to Fight Domestic Battery Charges?

A domestic battery conviction is a serious matter. Generally speaking, you cannot get a domestic battery conviction expunged from your criminal record—government entities and prospective employers and landlords could view your criminal history and learn that you are a convicted domestic batterer. In limited circumstances can you qualify to have your domestic battery conviction expunged, and after it has been on your record for five years.

Only a skilled and experienced domestic battery criminal defense lawyer will be able to help you fight the charges that are pending against you. Even if you were acting out of self defense, or you believe that the physical contact was an accident, you need to discuss your potential defenses with a lawyer.

Contact The Law Offices of Christopher M. Cosley

False allegations of domestic battery happen all the time, and someone could be wrongly accused and prosecuted for a domestic battery that did not occur. An experienced Rolling Meadows criminal defense lawyer will work with you to establish the facts and determine what defense strategy is best for you.

Sources:

https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/ExpungementSealingOverview.pdf

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

Charged With Domestic Violence When You Acted in Self-Defense?

November 18th, 2016 at 9:39 am

domestic violence, self-defense, Rolling MeadowsDomestic disputes occur between significant others and family members frequently in Illinois. Sometimes these  get out of hand and rise to the level of domestic violence.  

Under Illinois law, domestic violence generally involves acts of violence or threatening behavior between two people who share a domestic relationship, or used to share a domestic relationship. Domestic violence disputes arise between spouses, exes, significant others, family members who are related by blood or marriage, and people who share a living space, such as roommates.

Even the most minor physical contact can be construed as a battery. If you are concerned that someone is likely to make a false claim of domestic violence against you, you should avoid making physical contact with that person at all costs. But just because you deliberately refrain from physical contact does not mean that someone will not make an attack on you.

Charged with Domestic Violence When You Acted in Self-Defense

There are many cases of domestic assault and battery where the accused is charged with domestic violence when he or she was merely acting in self-defense. While it is unfortunate that charges are being pressed against you for domestic violence, it is fortunate that self-defense could be a potential defense to these charges.

Under Illinois law, a person is justified to use force against another when he or she believes that the use of force is necessary to defend him or herself from imminent harm from another’s use of force. A skilled Illinois criminal defense lawyer can examine the specifics of your case and help ensure the charges are dropped against you if you were acting in self defense.

Defense of Others Might Also be a Defense to Domestic Violence Charges

Not only can you act in self defense, but you can also act in the defense of others. Another common scenario where domestic violence charges are filed involves one person acting violently or threateningly against someone else, where a third party steps in to aid in the defense of the victim. If this occurred in your case, it is imperative that you speak to an attorney as soon as possible to ensure your rights are protected.

Let Us Help With Your Domestic Violence Defense

If you are faced with allegations of domestic violence, but you believe that your actions were justified as an act of self defense or the defense of others, you should contact a dedicated Rolling Meadows domestic violence defense lawyer as soon as possible. Our attorneys can examine the specifics of your criminal charges in Illinois, and utilize our knowledge and experience to help craft a solid defense. Reach out to us today for a consultation and to learn how we can be of assistance.

Source:

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

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