Defense Strategies in an Illinois Domestic Violence Case

 Posted on April 06, 2016 in Criminal Defense

There are a number of individuals who face domestic violence charges in Illinois and do not know what to do about the charges that are pending against them. Criminal charges can be scary and serious, as a conviction can have a long-term impact on a person’s life.

A domestic violence conviction can impact a person’s ability to go near the alleged victim, stay in their own home, or could impact their child custody or visitation rights. An experienced domestic violence criminal defense lawyer can help with domestic assault and battery charges and any other domestic violence-related legal assistance you might need, such as dealing with charges concerning a violation of a protection order or charges of domestic battery. Criminal defense can be technical and confusing, but those who stand accused should have an understanding of their legal options.

Strategies for Fighting Domestic Violence Charges

Below is a general overview of a few typical legal options that defendants facing domestic violence criminal charges might have, depending on the specific facts of their case. Each domestic violence case is unique, and as such, not all of the below strategies might work in any given situation. Consult with a domestic violence lawyer about your case and what options are relevant to your situation.

1. Dismissal of Charges. The first and foremost strategy is to try and get the charges against you dismissed. This can happen in a number of ways, and your lawyer will review your case carefully to see which options you have. There might be a procedural error in your case, or some other reason why the domestic violence charges against you should be dropped by the court (i.e., insufficient evidence, an error in the charging documents, etc.). Your lawyer can use a pretrial motion to get your case dismissed if there are circumstances that warrant dismissal.
2. When Charges Are Based on False Allegations. When the domestic violence allegations pending against you are false, your case could be won by proving that the allegations are false. There might be evidence to support your position that the allegations were made up by the alleged victim, and if so, this evidence could get your charges dropped if presented to the court. Your lawyer will help you determine if there is strong evidence in your case, and whether the evidence will be useable in court, to support your case.
3. When An Incident Was Not Domestic Violence. There may be facts or circumstances that support a defense that no domestic violence took place. The police might have been called to a “situation” at a domicile, but there may not ever have been allegations of domestic violence made by anyone in the domicile. Instead, the police might have jumped to conclusions and made an arrest when they should not have.

Reach Out to Us for Help

Domestic violence charges are serious. Having an experienced criminal defense lawyer will go a long way towards getting your charges dropped or reduced, and will help ensure that you receive fair treatment under the law as a criminal defendant. Please contact a dedicated Rolling Meadows domestic violence defense lawyer as soon as you are able. We can help you throughout each step of your case.

Source:

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