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Archive for the ‘domestic abuse’ tag

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

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 Violence in Illinois

June 10th, 2014 at 7:00 am

domestic abuse, domestic violence, domestic violence in Illinois, psychological harassment, Rolling Meadows criminal attorney, victims of domestic abuseThere is no shortage of statistics on the incidence of domestic violence across the United States, though the accuracy of the numbers is questioned due to incidents of domestic violence often being unreported.

According to the Illinois State Police, it is currently estimated that a woman is beaten every 15 seconds across the country. Domestic abuse can happen among all classes and races, and does not discriminate between income level or education. Domestic violence often occurs in a pattern of threats, insults, jealous rages, and temper-fueled outbursts that are aimed at isolating and overpowering the victim.

Illinois Law

At law, domestic violence is defined as any act of abuse committed by a family or household member. The term “family member” includes spouses and former spouses, parents, children, stepchildren, persons who formerly shared a home, persons formerly involved in a romantic relationship, parents of a child in common, and disabled persons and their assistants. Of course, there is a broad range of actions that can fall under the law, including everything from physical assaults to causing psychological harm through harassment or threatening behavior.

The Domestic Violence Cycle

Domestic violence is a repeating cycle that occurs when one person tries to control another. It often involves repeating stages of the victim trying to please the abuser, the victim blaming themselves, and the victim believing the abuser’s apologies and forgiving them. It is a fact that once a violent act occurs in the context of a relationship, it is very likely that it will happen again and even get more severe.

Enforcing Illinois Law

According to the Illinois Domestic Violence Act of 1986 and later Illinois Supreme Court rulings, domestic violence laws are enforced now more than ever. It is mandated that law enforcement acts to protect the victims of domestic abuse. This means that police officers must take steps to protect a victim of domestic abuse whenever a family or household member has committed such an act against them. The action taken by police officers includes:

  • Making an arrest when they have enough information to prove a crime has been committed;

  • Accompanying the victim to retrieve personal belongings from a shared home and transporting the victim to a safe place;

  • Informing the victim of the procedures and relief available to them, including their right to file criminal charges against the abuser; and

  • Completing a police report and providing their contact information to victims.

Criminal Defense Attorney

Domestic violence is a serious crime that deserves serious attention. If you or someone you know has been charged with a crime involving domestic violence in the Chicago area, the experienced criminal defense attorneys at the Law Offices of Christopher M. Cosley can provide you with the expert guidance you need. Contact us today to schedule a consultation in our Rolling Meadows office.

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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