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Archive for the ‘domestic abuse charges’ tag

False Allegations of Domestic Violence

October 14th, 2015 at 12:47 pm

Illinois defense attorney, Illinois criminal lawyer, domestic abuse laws, Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

  • An attempt to make the alleged abuser look bad so that the victim can get custody of children in the custody situation or during a divorce;
  • In some cases, a victim of domestic violence can get out of a lease agreement, or can take steps to change their locks to keep an abuser out of their home under the Safe Homes Act.  A victim might make false domestic violence allegations in order to kick the alleged abuser out of his or her home; or
  • A victim might purposely be trying to make trouble for the alleged abuser by asserting false allegations of domestic abuse.

Defending against Domestic Violence Allegations

False allegations of domestic violence and threats unfortunately happen quite frequently in Illinois. A number of domestic violence cases involve instances where the alleged victim later recants their accusations, but by that time, it is too late for the alleged abuser – the alleged abuser is already facing domestic violence charges.

There are a number of techniques that can be used to help fight false allegations of domestic violence. For instance, it is important to convey the alleged abuser’s side of the story. Inconsistencies might arise that give doubt that the alleged victim’s claims are based on the truth. It is also critical to have available any and all documentary evidence that tends to show that the allegations of domestic violence are false. Any tape recordings, text messages, pictures or phone records that can be used to show that no threat occurred can be useful in defeating a protective order action.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as making threats against someone you have or had a romantic relationship with, you need to aggressively fight the charges against pending against you. Please contact an experienced Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to discuss your case.

 

Sources:

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

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2817&ChapterID=62

New Law Takes Aim at Domestic Violence Offenders

September 19th, 2014 at 4:02 pm

Domestic violence cases often are troubling situations that bring up serious issues. These charges are not limited to one group or a specific type of offender; anyone from any socioeconomic, racial, or ethnic background can be involved in such a scenario. This is further evidenced by a news story that has become popular as of late. Since the official start of the 2014-2015 National Football League (NFL) season, news and other media outlets have been consistently reporting on a notorious domestic violence incident that became public knowledge in February of 2014, but has garnered new and deserving attention since more details of the incident surfaced recently.

Illinois Domestic Violence Law Signed

Even before this news story concerning the professional football player garnered renewed attention, officials in the state of Illinois had their attention turned to the topic of domestic violence. At the end of August, Governor Pat Quinn signed legislation known as “Diane’s Law” into effect. The law is meant to provide protection to survivors of domestic violence by allowing courts to order risk assessment evaluations as a condition of bails and to require electronic surveillance via GPS monitoring of those charged with the crime in order to enforce restraining orders. Charges covered by the new law will include domestic battery, kidnapping, stalking, harassment, and attempted murder.

The Governor reported that this action is part of a larger focus on promoting public safety, and that specifically, he intends for the law to protect victims and prevent future tragedies. The law goes a step further by being focused on prevention and not just protection of victims. It is purportedly named after a domestic violence victim who was murdered by a former boyfriend just three days after renewing a protective order against him. The purpose of the law is to strengthen protective orders and give police additional tools in their enforcement, as well as providing for increased penalties for domestic violence offenders. The law, known as House Bill 3744, will become effective January 1, 2015.

The law is one of several signed into effect by Governor Quinn since 2012 regarding domestic violence in Illinois. Other initiatives included classifying domestic violence crimes as a felony if a defendant has a prior conviction, requiring that school boards adopt a policy regarding teen dating violence, protecting victims who may be covered by their abuser’s insurance policies, and allowing prosecutors to use prior domestic violence conditions as evidence in certain murder cases which involve the crime.

Criminal Defense Attorney

Domestic violence cases deserve professional attention. The experienced Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley are familiar with the recent changes to domestic violence law in the state of Illinois and are prepared to advise their clients accordingly. Contact us today to schedule a consultation to discuss your case.

Domestic Abuse in Illinois: No Laughing Matter

November 20th, 2013 at 3:15 pm

Among all the crimes in Illinois, domestic abuse is among those treated most seriously by prosecutors and judges. Domestic abuse is defined by two elements. First, there is an act of violence. This can be an assault or a battery. That means that there does not necessarily need to be any force or physical touching involved. It is possible to get an assault charge for merely making threats to someone.

Domestic abuse charges are serious- contact an attorney for help with your case.For example, each of the following can be considered domestic abuse:

  • Spousal abuse

  • Child abuse

  • Criminal violations of Orders of Protection

  • Assault

  • Battery

  • Stalking

  • Harassment/telephone harassment

  • Threats

The second element of a domestic assault charge is the victim. What makes domestic abuse “domestic” is the victim. In Illinois there are several types of victims that qualify as domestic abuse victims, they are:

  • Family or household members

  • An adult with disabilities who is abused, neglected, or exploited by a family or household member

  • Any minor child in a defendant’s care; and

  • Any person residing or employed at a private home or public shelter which is housing an abused family or household member.

Punishments for Domestic Violence Go Beyond Jail Time

If you are convicted of a domestic abuse crime, you will likely be looking at least some time in jail and a significant fine. However, you will also experience other collateral punishments from the conviction. For instance, if you are convicted of a domestic abuse crime, you may lose visitation rights with your children (or custody), have a protective order issued against you by your spouse and/or children, and in some cases have parental rights terminated altogether.

 To learn more about the specifics of this issue, take a look at the Illinois Domestic Violence Act. The law discusses ancillary matters like orders of protection, the responsibilities of law enforcement officers, and the role of health care providers in domestic violence cases.

Have You Been Charged with a Domestic Abuse Crime in Illinois?

If you have been charged with a domestic abuse crime in Illinois you need to ensure you have a passionate, experienced Illinois criminal defense attorney at your side. With so much at stake, you should do everything you can to ensure that you exit the criminal justice system as quickly as you can and with as few collateral consequences as possible. Click here to contact Christopher Cosley, a Chicago criminal defense attorney with the experience and dedication you need.

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